On The Administrative Monopoly Of Legislative Rules

Now, in the course of our country setting up and perfecting the socialist marketeconomy ,the monopoly-the inevitable consequence of the market economy -emerges. Generally, the monopolization refers to the economic monopolization. It is an action that the managers use the dominant positions which they had attended in the market competition to constrain or repel the market competition. But the most obstruction that harms the fair competition of our market order is not the economic monopolization but the administrative monopolization. So, it is extremely urgent to set up and perfect the system of the legislation to control the administrative monopolization.There are some differences about the administrative monopolization, especially about the concept of the administrative monopolization. The writer argues: the monopolization is an action which abuses or oversteps his administration authority the public work manage authority to constrain or repel the legal competition. What results in the administrative monopolization includes the structure reform of the economy and the structure reform of the political have not finished; The laws and regulations that the legislative and the interrelated government had made to control the monopolization have some problems, such as: the form of the legislation is in disorder the contents of the legislation have some defects; the law enforcement agency against monopolization has not unity, and lacks authority and independence. The monopolization must have four constitutive requirements, they are subjective and objective important conditions subject and object. Now, the forms of the administrative monopolization include: barriers between localities the monopolization of some government departments forced sale and so on. The administrative monopolization not only harms the fair competition of the market order, but also endangers the rights of the consumer, leads to corruption damages the government image.The cause of the administrative monopolization is diverse and complicated, socontrolling the administrative monopolization can't rely on one law. We must use varied legal ways, integrated management. Among those legal ways, the antitrust laws should be the important law . We should perfect its contents; enhance its control power; set up a more authoritative and independent law enforcement agency against monopolization. And the administrative law should be used for controlling the administrative monopolization. Particular emphasis should be laid on controlling the administrative authorities, to achieve the target: administration by law.