On The Administrative Barriers To Market Entry And Its Legal Regulation

This thesis use a comparative method, drawing lessons from foreign countries and the mainland experiences to discuss about administrative obstacle of market entering. Administrative obstacle of enter into a market, as one of the performance arise from national administration power to interfere economic activities, has huge theories meaning and actual meaning in China. Because the Chinese Antimonopoly Law have been issued, people's requests for sharing social wealth fairly became more and more urgently, and we should regulate the behavior of using administrative power to restrict the entering into market. This thesis puts forward the administrative obstacle of market entering alone, from the concept, origins to change and perfect to carry on discuss. The writer wants to provide some feasible methods to cause people's attention to this problem and to realize fair competition and to realize fair enjoying social wealth.This thesis can be divided in the following four parts according the structure and content:The first part discusses about the concept and basic analysis of the administrative obstacle of market entering. Get into the concept of the administrative obstacle of market entering, draw lessons from the classic theories of industry histology, deduce the concept of the administrative obstacle of market entering, concretely means that government and its working section make use administration power and pass administration instruction to restrict the potential competitor to enter into particular market. This thesis tried to compare the concept of the administrative obstacle of market entering, the administration examination and approval, economic obstacle of market entering and etc. Then this thesis tried to classify the administrative obstacle of market entering with different standards, in order to make the meaning be clearer. Later described the bringing and developing of the administrative obstacle of market entering both in China and foreign countries. The writer believed that the administrative obstacle of market entering had played an important role in the development of Chinese economy, but because of power abusing, lacking supervise, also appeared some situation of baffling economic development.The second part is to analysis the gains and losses of the administrative obstacle of market entering, carried on the analysis and the argument of the positive and negative side. For the consideration of developing the nation's macroscopic economy, supporting a market mechanism safety, protecting the people's public benefits, excellent making use of limited resources, protecting environment, and pushing forward a system reform, establish the administrative obstacle of market entering in particular markers is reasonable and has been proven to be effective in the past. But original premise and environment changed along with the changing of the society, and the current administrative obstacle of market entering brings about unfair, not free, and corrupt. The public interest as for the basic theory reason of the administrative obstacle of market entering wasn't being notice by people for long time. But to discuss deeply, we will find that the concept of the public interest is too abstract to make a consensus., From John's value theory to the theory of "the government limited reasonableness", this thesis tried discuss about the concrete meaning of the public interest, and the purpose lies in make an effort to explain clearly about the whole public interest to turn, the maximum public interest, and the current public interest. And then goes to argument that if it is reasonable to let the government to judge what is public interest. The writer believed that under nowadays organization, because of lacking supervision, inadequate public participating, the understanding of public interest became the speech of the government section or its representative director only. The writer also pointed out in this thesis that in the progress of setting up and operating the administrative obstacle of market entering there were some weaknesses, like irregularity and lack of supervision. So this situation makes the action the reform administrative obstacle of market entering imperatively.The third part introduces the experiences of foreign countries and reviews the experiences of antimonopoly and profession reform in our country recent years. It introduces property reform in England, privatization progress in America and Japan's explanation of the public interest. Then suggested to perfect our county's the administrative obstacle of market entering by perfect law system, adjust according to the period and concretely dismantle the business to introduce competition, light the market entrance and weight following supervision.The forth part is about how to perfect the regulation of the administrative obstacle of market entering in our country. Firstly, talked about the value target of law regulation is mainly efficiency, and explained that the meaning of efficiency here is social overall efficiency; secondly, brought about the principle of law regulation is lawful and reasonable; lastly, discussed detailed about how to perfect the regulation of the administrative obstacle of market entering. For system perfection, put the emphasis on the construction of cooperation between the public and the government, the construction of public finance system to regulate local interests reasonably. For specializing the range of the administrative obstacle of market entering, put the emphasis on the perfection of the Constitution, Legislation Law, Administrative License Law, and Antimonopoly Law and so on. For progress regulation, put the emphasis on the construct of hearing system, reason explaining, decision announcing, trace appraising. For perfecting responsibility and supervision, put the emphasis on the construct of the supervise system of multi-level and all directions, extend social participation further.