China's Anti-monopoly Law On Administrative Monopoly Regulation

Deepening the reform of the economic system, China has changed its plan economic system into market economic system. Most of the enterprises and companies have been walking into the market, forming a fair competitive situation. At the same time, the government manages its economy with the macro-control measures instead of micro-control ones. The government no longer intervenes the enterprises' affairs. Enterprises and companies can make their decisions of production independently and operate according to the market rules. But ,for any reasons, especially on the transmitting and reforming courses under the two-track economic systems, there exists the governmental intervene in the enterprises' affairs by the improper administrative power. The main point is that the government and its departments misuse their power to prevent the enterprises from competting evenly. So, the writer, in this article, discusses the concept, forms, harmful result and reasons to the administrative monopoly, sets forth some opinions on making laws to restrict the administrative monopolization.Part One discusses the basic theory of the administrative monopoly, analyses the concept, conditions, forms and catalogue of administrative monopolization. Differences between "government monopoly" and "legal monopolization for the economic reasons or public benefits required by the state laws" also are mentioned in this part.Part Two analyses legislative situation of the practical laws and regulations on resticting the administrative monopoly, the reasons of the ineffect law-making department,the dangerous result of the administrative monopoly to the society.Part Three sets forth the necessity and feasibility of the legislative laws against the administrative monopoly when our country is transmitting its economic policies in the same social system . The valuable target to against administrative monopoly is to restrict the government's intervene in the economic market and to rectify the improper behaviour of misusing administrative power, to keep the freely competitive and fair order of the economic market. Tactics and schemes are also put up in this part to restrict the administrative monopoly , to make sure that the government should set up a legislative and inspective system,to speed up the legislative laws against administrative monopolization, to set up a system for the administrative public benefit lawsuit, to...