The Legal Regulation Of Administrative Monopoly

Administrative monopoly is a outstanding phenomena in modern social. It can be more dangerous than economic monopoly. Then it leads some dangers to market economic, such as economy, politics, and culture etc. Tough our country make some laws, the effect is not ideal. So it is necessary to analyze administrative monopoly and it has practical value. Some scholars study it for a long time. On the base of their study, the article analyzes legal regulating of administrative monopoly from four parts:Part Ⅰ is about the analysis of the connotation, character , clarification of administrative monopoly. Firstly it gives a connotation by comparing connotations which are put forward by others persons. Secondly it analyzes four characters of administrative monopoly. Lastly standardized by the character and applied way of administrative monopoly it, discusses the clarification with legal examples.Part Ⅱ discusses the cause and harmfulness of administrative monopoly. Firstly it tells us the cause of emergence of administrative monopoly by analyzing the traditional culture, politics and economic legal system. Secondly based on the analysis of shortcomings of administrative monopoly, the author puts forward the following points of views that is, it is necessary and impossible to perfect administrative monopoly in China.Part Ⅲ is about what administrative monopoly is in China, and shortcomings of administrative monopoly is in China. Firstly, by analyzing legal function, legal character and what it is in China. It makes a conclusion that legislation is the best way to make administrative monopoly disappear. Secondly it analyzes the shortcoming of administrative monopoly is in China. The author hopes that it will be benefit to legal system in China.Part Ⅳ is about how deal with administrative monopoly. Firstly beginning with the analysis of Anti-Monopoly Act, the author putsforward the points of views that, administrative monopoly cannot be contained in Anti-Monopoly Act. Secondly the author puts forward the principle of how to deal with administration monopoly in China, the principle is administration by law and government by law. Lastly the author suggests that we should give up administration monopoly from administrative legislation, administrative enforcement and administrative remedy.