Administrative Monopoly Regulation

Administrative monopoly is a kind of behavior of excluding or restraining competition and destroying market economic order, which done by bodies of executive power. Such behaviors mainly contain that local governments and government departments use their executive power to block the market and restraint, exclude and interfere with market competition. Administrative monopoly restrains competition, hinders the growth of the united domestic market, causes the inefficiency of resource distribution and the loss of social welfare, and seriously impedes the realization of the goal of institutional reform of economy. Administrative monopoly also helps to form the union of governments and enterprises, and makes the institutional reform of politics, with the principles of separating governments and enterprises and transforming the government functions, trapped. At the same time, it seduces unjust distribution, political corruption and other social problems. Administrative monopoly has caused so many damages to China that experts generally feel that the main task of antitrust in China is anti-administrative monopoly. Now there has been plenty of study on administrative monopoly, but take into consider of the complexity of the problem both in theory and reality, there are so many disputes still existing on its concept, its character, its ways to control and other basicquestions. Therefore, further study on those basic theory questions and ways to control administrative monopoly still has significant meanings in theory and reality.On the basis of the previous study, looking into administrative monopoly in China, The author adopt the study method of historical analysis, positive analysis and economic analysis to discuss the concept and character of administrative monopoly, the cause of formation and the damage of administrative monopoly in China, varieties of views of controlling it, and other basic questions, then try to construct the controlling system of administrative monopoly systematically and entirely.The article is divided into four chapters, excluding introduction and conclusion.Chapter I "the analysis of the cause of formation of administrative monopoly in China", recalling and analyzing the development of administrative monopoly in China, reveals that administrative monopoly emerged in the process of China's transformation from planned economy to market economy, and its cause of formation can be generalize into three points: 1 . The birth of administrative interest group in the system reform is a precondition of formation of administrative monopoly. 2. The irrational interest inspiring mechanism is the fundamental cause of administrative monopoly. 3. The shortage of the legal regulation systemto effectively control administrative monopoly is an important cause to its pervasion.Chapter II "The damages of administrative monopoly" analyzes and generalizes the damages caused by administrative monopoly mainly from two aspects, economically and politically. The economic damage includes the inefficiency of resource distribution, the loss of social welfare, and the unjust distribution of social wealth, both in microeconomics perspective and macroeconomics perspective. In the perspective of political damage, the chapter pays attention to the obstruction to the institutional reform of politics, political corruption, unjust distribution and other problems with which public are concerned. The method of economic analysis is frequently used in this chapter, including the analysis of theoretic type and demonstration.Chapter III "The meaning of legal regulation of administrative monopoly" begins with an introduction of several main views of administrative monopoly control, then compares and analyzes them , referring to the state of administrative monopoly in China. The meaning and the function of legal control is the key point and clue through the process of comparison and analysis. Finally it reaches a conclusion that the view of comprehensive control is the most comprehensive and practical view towards administrative monopoly control, and legal system plays an important role both in administrative monopoly controland institutional reform.Chapter IV "Construct an united and concerted legal regulation system to control administrative monopoly" concentrates on the factors inside the legal system affecting the efficiency of legal regulation of administrative monopoly. The author put forward that the legal regulation system should be planned as a whole and constructed step by step until an united and concerted legal regulation system of administrative monopoly was formed. This chapter is divided into three aspects to demonstrate legal regulation system: antitrust law, administrative law, and public service law.