On Administrative Monopoly In China The Improvement Of Legal Regulation

In contrast to the western countries, the Chinese administrative monopoly has universality and protracted nature. The western countries almost have gone through the period of fully-developed free market economy, whose monopoly pattern are shaped by free competition, more economy monopoly. However, Chinese administrative monopoly has more far-reaching system reason. In this process, we experience overall administrative monopoly, administrative monopoly coexisting economy monopoly and administrative monopoly of statutory regulation. In the planned economy, the government completely controls all the resources and distributes social resources without supervising system. The establishment of the state market economy system weakens and overcomes the negative effect of administrative monopoly, but the government still guides the establishment of the state market monopoly, not spontaneously shaped by the market. Therefore, it is difficult for the government to give up the powers of controlling the market, and they won't withdrawal the powers of controlling the market. With the requires of development of history and the Chinese government reforming, the 29th conference of Standing Committee of the 10th National People's Congress approved the Law of Anti-monopoly on 30th, August, 2007. However, we carefully review the regulations of this law, whose regulations of administrative monopoly and the legal responsibility will be perfected. The phenomenon of administrative monopoly still exists in long-term period, and the administrative monopoly won't disappear in short time and exists in the long process of developing the perfect market economy system.This paper focuses on the statutory regulation of administrative monopoly, anal sizes the quo state of Chinese administrative monopoly and compares the western countries and summarizes the statutory regulation of Chinese administrative monopoly. This paper is totally divided into five parts. In the first chapter, the author elaborates the value, ways and contents of research. In the second chapter, the author detailed introduces the concept, constitute, classification and the basic theory of administrative monopoly. In the third chapter, the author researches statutory regulation of administrative monopoly of the western countries, mainly on American, Russian and European Economic Community and includes the similar and difference of statutory regulation of administrative monopoly of the western countries. In the fourth chapter, the author elaborates the reason of administrative monopoly, the quo state and questions of statutory regulations, and so the ineffective enforcement and the lack legal relief because of the imperfect administrative procedure. In the fifth chapter, the author perfects the statutory regulation of administrative monopoly.