Administrative Monopoly In China And Its Regulation

Competition is the spirit of socialist market economy and the essential drive that promotes the socialist economic development, but the current administrative monopoly in our country damages the socialist competition order that becomes the obstacle of the socialist economic development Meanwhile, the traditional antimonopoly law theory only attach importance to studying personal economic monopoly which didn't take a deep research into the administrative monopoly result in that it is hard to provide the material help for our current antimonopoly work and the forthcoming antimonopoly legislation. This thesis, in accordance with the practical requirement, takes the try legislative construct and system innovation on how to regulate the administrative monopoly through studying its common theory and law regulation theory in order to provide the theoretic supports for our forthcoming antimonopoly legislation.The thesis puts all the studies on questions in the precondition of our socialist economy with a view to achieving the above-mentioned study intentions, which is divided into the following parts to discuss the administrative monopoly:Firstly, in the Introduction part, the author clarifies an understanding mistake that the administrative monopoly is held only by our country. Meanwhile, the writing thinking and study approaches of the thesis are simply accounted for.Secondly, in the General Theories of Administrative Monopoly part, the author introduces and construes the administrative monopoly as a whole in the aspect of substantial theory. First, the author analyzes the administrative monopoly concept and constitutive requirements. Second, the author further analyzes the nature and characters of administrative monopoly and points out the nature of the administrative monopoly is a kind of comprehensive irregularity both having administrative and economic irregularity attributes, also a kind of collective irregularity enforced by subjects of administration. Third, the author classifies theadministrative monopoly according to different bases and criteria in order to make readers to have a clear and all round comprehension. Last, the author, in the light of internal & external course principle of dialectic materialist theory connected with the economics assumption, educes and the important conclusion that the resourcilization of administrative authority is its internal form cause while our imperfect socialist system of market economy is its external form cause.Thirdly, in the Conflict between the Administrative Monopoly and Our Socialist Market Economy part, the author analyzes the significance of regulating the administrative monopoly from the aspect of theory of value. The author selects three most essential, important values to analyze among the anti-administrative monopoly values because of limitation for the thesis length, that is, the administrative monopoly damaging socialist fair, free competition system, the administrative monopoly violating the efficiency priority requirement of our social market economy also injuring social welfare and the administrative monopoly distorting WTO rules.Last, in the Try Legislative Construct and System Innovation on How to Regulate the Administrative Monopol) part, the author discusses how to regulate the administrative monopoly from the aspect of theory of control. On the one hand, the author takes a comparative jurisprudence study on how to regulate the administrative monopoly, which brings the reference significance for our anti-administrative monopoly work, advancing that the law is the main approach for regulating administrative monopoly; on the other hand, the author, advances the system of judicial review to settle down abstractive administrative monopoly. Meanwhile, the author, in the light of the theory of prisoners in the dilemma of economics, creates the system of cooperation after negotiation, as a supplementary approach to assist the law to regulate the administrative monopoly.