China's Anti-monopoly Law On Administrative Monopoly Regulation Strategies

Deepening the reform of the economic system, China has changed its planeconomic system into market economic system. Most of the enterprises and companieshave been walking into the market, forming a fair competitive situation. At the sametime, the government manages its economy with the macro-control measures instead ofmicro-control ones. The government no longer intervenes the enterprises' affairs.Enterprises and companies can make their decisions of production independently andoperate according to the market rules. But ,for any reasons, especially on thetransmitting and reforming courses under the two-track economic systems, there existsthe governmental intervene in the enterprises' affairs by the improper administrativepower. The main point is that the government and its departments misuse their power toprevent 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 theconcept, conditions, forms and catalogue of administrative monopolization. Differencesbetween "government monopoly" and "legal monopolization for the economic reasonsor public benefits required by the state laws" also are mentioned in this part. Part Two analyses legislative situation of the practical laws and regulations onresticting the administrative monopoly, the reasons of the ineffect law-makingdepartment,the dangerous result of the administrative monopoly to the society. Part Three sets forth the necessity and feasibility of the legislative laws against theadministrative monopoly when our country is transmitting its economic policies in thesame social system . The valuable target to against administrative monopoly is torestrict the government's intervene in the economic market and to rectify the improperbehaviour of misusing administrative power, to keep the freely competitive and fairorder of the economic market. Tactics and schemes are also put up in this part to restrictthe administrative monopoly , to make sure that the government should set up alegislative and inspective system,to speed up the legislative laws against administrativemonopolization, to set up a system for the administrative public benefit lawsuit, togive the beneficiaries and relatives the rights to make lawsuit against the administrativemonopolization or ask for legislative aid and bring a comprehensive control on theadministrative monopoly. In the last part, the writer believes that administrative monopoly is not the lawfulissue, in fact, laws are the main tactics to restrict the Administrative monopoly. It isworldwide practice to restrict the Administrative monopoly by making the laws in themarket economic society. To do this, we must speed up the steps in making lawsagainst the Administrative monopoly, set up the legislative and inspecting system,deepen the economic system reform. So does the polictical system reform at the sametime. Only so can the socialist economic market develope smoothly and rapidly. In fact,only the laws against administrative monopoly can restrict the Administrativemonopolization.