On The Administrative Restrictive Competition Act And Its Legal Regulations

Administratively restrictive practice is a kind of behavior of excluding, controlling or interfering with competition , abusing executive power done by bodies of executive power, which destroys market economic order, makes social resources inefficient. Such behavior goes against market economic rule of freedom and fair, blocks the formant of national big market, encroaches basic rights of many proprietors and consumers, brings about "looking for rents" of executive power and political corruption, is illegal behavior. Especially, we have joined into WTO, so we must observe competition rule of WTO. Studding basic theory question of administratively restrictive practice in China, looking for comprehensive law adjustment mechanism has important theory and reality meanings.Based on the previous study, the gist of this article is to systemically demonstrate the basic theory question of administratively restrictive practice in China, frame comprehensive law adjustment mechanism, through adopting the study method of economics, syntactic, comparison, demonstration and system, referring to foreign successful legislation experience.Taking the structure into consideration, the article is divided into 6 chapter, excluding introduction and conclusion. Chapter I "The concept, feature, essence of administratively restrictive practice", analyze four essential factors of administratively restrictive practice and the difference and connection between administratively restrictive practice and nation monopoly , between administratively restrictive practice and economic monopoly. Meanwhile, the article points out the character of administratively restrictive practice, such as the Specific nature of administrative subject, compulsory and concealed nature of this behavior. As a conclusion, this article reveals economic and administrative essence of administratively restrictive practice. Chapter II "The assortment and reason analysis of administratively restrictive practice" arranges administratively restrictive practice into four assortments and points out four main reasons which make this behavior exist. Chapter III "The situation and defect of law adjustment mechanism in China", points out many questions of administratively restrictive practice, such as the disorder of legislation, the low grade, single law responsibility, no organization which enforcing the law. Chapter Ⅳ"Foreign law adjustment mechanism for administratively restrictive practice", checks and appraises the legislation situation of administratively restrictive practice for market economic nations and nations which are changing the system. Chapter Ⅴ"The way choice which deals with administratively restrictive practice" .This article points out that we should establish a kind ofcomprehensive law adjustment mechanism. Chapter Ⅵ"The concrete countermeasures by which perfects law adjustment mechanism of administratively restrictive practice", mainly discusses several law departments such as antimonopoly law, administrative law and constitution law.