Research On Legal Regulation Of Industrial Administrative Monopoly

The regulation of industrial administrative monopoly is an issue which is concerned by many people in China over the recent years. The argument about liberalized operation and the management of industrial administrative monopoly has been never stopped. Obviously, the solution of industrial administrative monopoly, which has effects on the development of market, the protections of operators and consumers, and the wealth distribution and employment Opportunities, is a major problem about economic restructuring. Therefore, the regulation of industrial administrative monopoly has important significance for national development and people's lives. The paper, which chooses the existence of the current industrial administrative monopoly in China as the research object, introduces the industrial administrative monopoly in China and its causes, current situation and harmfulness. The author selects legal philosophy as analytical method, and he thinks whether the industrial administrative monopoly should be break is not a simple thing, the most suitable measure at present is legal regulation, and we should consider the open of monopoly as a goal in the future. At last, the author does a conclusion about defects of laws which are used to regulate industrial administrative monopoly, and proposed system design and modes of regulation of industrial administrative monopoly by compared with anti-monopoly experiences in other countries.The text of this paper is divided into four parts.The part 1 of this paper presents related concepts of industrial administrative monopoly, and makes definition of industrial administrative monopoly in the fields of jurisprudence. The author thinks that industrial administrative monopoly, which is made by administrative subject itself or its combination composed of enterprise, is a exclusive behavior or state that may do damages to market competition orders through interfering in some commercial field or construct barriers. The author believes the attitudes and solutions on different industrial administrative monopoly should not be the same. Some fields which are important to national security should not be opened easily. For natural monopoly, if there are some links which has lost features of traditional natural monopoly, then these links should be opened and permitted others to get involved in competition. Therefore, the solution of industrial administrative monopoly should not be simple,and the emphasis is adjustment and regulation. This part defines the concepts and features of industrial administrative monopoly clearly, and finds out the differences among related concepts, it lays the foundation of discussions below.The part 2 discusses causes and states of industrial administrative monopoly, and explains its damages. First, the author points out that there are complicated reasons of industrial administrative monopoly, including economic transition, pursuit of unjustifiable interests by monopoly association, and influence from traditional culture. Second, industrial administrative monopoly has enormous influence on social development, economic construction and people's livelihood; it also brings about great damages to society, including hindering market establishment and its development, affects political climate, does harm to interests of operators and consumers, and comes about unfair distribution. By doing the analysis, the author gives an explanation for regulation of industrial administrative monopoly, and provides good reasons for the discussion of regulation methods below.The part 3 analyses the reason that we should use law to regulate industrial administrative monopoly. First of all, the author makes analysis and comparison about the methods for regulation of industrial administrative monopoly, and considers the feature that industrial administrative monopoly has close connections with our national policy. Then the paper makes the decision that the best method to regulate industrial administrative monopoly is law, and explains the positive meaning of this method. After that, the author provides theoretical foundation for legal regulation of industrial administrative monopoly through discussing authority and legal values. Law can be used to restrict power, and it can insure some values as order, justice, liberty and equity which have important meanings to human society. At present, law is the most powerful and proper method to regulate industrial administrative monopoly.The part 4 points out that there are still some problems in the law which is used to regulate industrial administrative monopoly, including fuzzy statutes, deficiency in legal responsibility and absence of authoritative law enforcement agencies. Through comparing with other countries, the author points out that our law which is used to regulate industrial administrative monopoly should legislate on the base of harmonious order, and the law must be responsive. We can keep balance between government regulation and free competition by using this kind of law. And the regulation of monopoly caused by abstract administrative action should be involved in these laws. At last, the author proposes system design and modes of regulation of industrial administrative monopoly. The anti-monopoly law should be principal, and the specific enterprise law should be used as a support. The anti-monopoly law enforcement agencies must be authority and powerful. We can solve the unfair distributions through establishing supervisor system for corporate welfare.The paper uses jurisprudence as analysis tools to discuss the regulation of industrial administrative monopoly, it is a meaningful attempt. The research method here is different from traditional ones that discussing administrative monopoly barely, and paying little attention to industrial administrative monopoly. And the method in this paper also surpasses the mode that using historical comparison but neglecting actual situation, and it provides new visions to the theory of regulate industrial administrative monopoly.