Administrative Monopoly

Administrative monopoly is one of important social problems in China today. It is a hot and difficult social point which has aroused great concern from academic field to legislative field, and from the government to the public. Originating and developing in a specific historical condition, administrative monopoly is an exceptional social phenomenon with complicated causes and diverse forms in a specific time background.Administrative monopoly, whose main forms are region blockade and sector monopoly, is a kind of illegal behavior of abusing market competition and socialist economic order done by bodies of executive power. Administrative monopoly is a harmful economic phenomenon that appears in the process of transforming from planed economy to market economy. It distorts market competition, cuts the unified national market into pieces, baffles the market function of collocating resources and obstructs economy's development. At the same time, it encroaches the basic rights of proprietors and consumers, bringing about "looking for rents" of executive power and political corruption. Especially when China has entered the WTO we must observe competition rules of WTO. Studying basic theoretic questions about administrative monopoly in China and looking for comprehensive law regulation mechanism has important theoretic and realistic meanings.With previous studies, the gist of this article is to demonstrate systemically the basic theoretic question of administrative monopoly in China and to frame comprehensive law regulation mechanism with regard to successful foreign legislation experiences.This paper is divided into 3 chapters, in addition to introduction and conclusion parts. Chapter I is " General Theories on Administrative Monopoly". This part ponders a conception of administrative monopoly given by academic circles and tries to make a rational definition. It analyzes differences and connections between administrative monopoly and state monopoly, between administrative monopoly andeconomic monopoly. Meanwhile, this article points out characteristics of administrative monopoly such as particularity, compulsoriness and secrecy. This part illustrates detailed viewpoints of academic circles on causes of administrative monopoly. Basing on the illustration, the author puts forward diagnoses and propositions. Chapter II is "The Anti-monopoly Law of Our Country should Regulate Administrative Monopoly". It displays questions concerning administrative monopoly such as disorder of legislation, low grade, single law responsibility, and lack of dependent and authoritative law-enforcing institutions. This part ponders and analyses the research advancement and diverse outlooks on anti-trust legal regulation of administrative monopoly. Chapter III is "A Conception on Regulation System of Administrative Monopoly". This part points out that we should establish a kind of comprehensive law adjustment mechanism. It mainly discusses several law departments such as anti-monopoly law, administrative law and constitution law.