Legal Control Of China 's Anti-monopoly Legislation On Administrative Monopoly

Fair and regular competition is the core and soul of marketeconomy. Administrative monopoly refers to illegal administrative acts of administrative institutions and their subordinate bodies. They use forcible means to exclude or restrict competition, and wreck competitive relations in socialist market economy or immensely endanger market competition. Current immature socialist market economic system, administrative power exercised in economic field and invalid control mechanism of administrative power likely leads to 'Power Rent-Seeking' or administrative monopoly. Therefore, the method of restricting competition in our economic life isn't economic monopoly, but administrative monopoly. It harms not only competitive orders but also economic freedom, and results low social economic benefit, breeds corruption, damages social fairness or governmental prestige and obstructs our process of entering economic globalization after joining WTO. As it were, removing administrative monopoly is the prerequisite for construction and development of market economy. Nowadays, although there are some related laws or rules, such as ' Ten Clauses of Competition' and 'Law of the People's Republic of China Against Competition by Inappropriate Means', regulating administrative monopoly by 'Anti-Monopoly Law' has been our first imperative because of many defects, such as disordered legal organizational structure, unsound responsibility system and weak legal enforcement agency. 'Anti-Monopoly Law' should be based on the value goal of 'maintaining fair and competitive system', definitely rule administrative monopoly and apply to construct an independent and authoritative special legal enforcement agency. Its powers include investigative power, administrative coercive power and quasi-judicial power, etc. 'Anti-Monopoly Law' should clearly explain administrative responsibility, civil responsibility and criminal responsibility and improve judicial remedy system for preventing the increase of administrative monopoly and ensuring coordinately, steadily and healthy development of socialist market economy.