On Administrative Law Of Administrative Monopoly And Anti - Monopoly Law

This thesis analyzes the character of administrative monopoly, which is the abuse of the executive power and the restriction of competition, and its legal regulation should be based on the function of administrative law and anti-monopoly law. The administrative law regulates the abuse of the executive power, and the anti-monopoly law regulates the behaviors that distort competition. This article consisits of three parts.Chapter 1 summarizes the present research on administrative monopoly, and discusses the character of administrative monopoly is the abuse of administrative power in market to distort competition, and analyzes the harmfulness of administrative monopoly from economic prospect, then suggests the necessity and the possibility that regulate this problem on the basis of the combination of administrative law and the anti-monopoly law.Chapter 2 is about how to deal with administrative monopoly in Administrative Permission Law. The misuse of administrative permission power is the main source of administrative monopoly, therefore this law can play an important role to control the origin of administrative monopoly by the clear definition of the spheres, subjects, procedures of the performance of administrative permission power.Chapter 3 is about how to deal with administrative monopoly by anti-monopoly law. The administrative agencies should be regarded as market participants when they abuse their administrative power in market relationship to obtain economic interests, and this power gives them a dominant position which is often abused together with enterprises. So anti-monopoly law is also a basic part of the legal mechanism to control administrative monopoly.