Hazards Of Improper Administrative Restriction Of Competition And Legislative Measures

The gist of the article is: as a result of the abusing of the administration power, the administratively restrictive practices lost justice foundation and become illegal and damage .So that ,It should be controlled by law system from legislation and execute .The demonstration of the above mentioned basis proposition consists of four parts:Part 1 analyzed the administratively restrictive practices. At first the administratively restrictive practices as a form that the government dominates the economic life could conquer the disadvantage by market invalidation, enhance social welfare. This is the justice gist that administratively restrictive practices justice. But with the development of the science and technology some Industry character changed, at the same time because of the abusing of the administration power. Unfairness administratively restrictive practices chained the trade grew, delay the trade progress, derogated the social welfare. For distinguish unfairness administratively restrictive practices and administrative monopoly, discuss the main viewpoints of the academia, wield different analytical methods proved the concept couldn't reflect panorama should be contain by the concept of the unfairness administratively restrictive practices.Part 2 analyzed the form of the unfairness administratively restrictive practices and the cause of formation and the types of the unfairness administratively restrictive practices .taking the case of china an example for systematic analysis of the social , political ,economic and cultural reasons why the unfairness administratively restrictive practices have come into being .To achieve this goal ,the author makes an exposition from three perspectives : government function misleading in transformation of system ,the irrational legal system of interest distribution and the shortage of the legal system.Part 3 judged the the unfairness administratively restrictive practices both from economic and political . the unfairness administratively restrictive practices makes thecompetition in a special market unfair and prevents the formation of united market all over the country, the unfairness administratively restrictive practices not only deduces directly the social welfare, but also impedes the growth of the scale economy which is of great importance the enhancing international competitive abilities of our country's industries by the theory of public choice and statistical data, the unfairness administratively restrictive practices destroyed the fundamental liberty of market subject such as freedoms of operation and freedoms of consumption .Part 4 expatiate the way to deal with the unfairness administratively restrictive practices. Law is an important component of political system or economic systems , and to great extent ,the changes of political system of economic system are changes of law. it is demanded to control the unfairness administratively restrictive practices by law by the facts that a socialist market economy system is to be established ,a legal state is to be constructed and china enters WTO. There are some experiences of deal with the unfairness administratively restrictive practices by law in some countries and regions. At the end of this part, the writer gives some advice on how to draw up or perfect the law.