Administrative Monopoly Under Legal Control Mechanism. "anti-monopoly Law" Perspective

Since late 1970s, with implementation of the policy of reform and opening, China has begun to pay attention to academic theory research of antitrust issues. The monopolistic activities in China include administrative monopoly and economic monopoly activities which began to infiltrate into economic situation in all aspects. From the viewpoint of realization of economic democracy and the harm caused by administrative monopoly, China should strengthen effective regulatory system of the administrative monopoly.The paper can be divided into four chapters. Chapter 1 is about the outline of administrative monopoly control mechanism by law. First, the main causes of monopoly enclude that the government and enterprises are not separated completely, the strengthening of regional interests and irrational economic structure. As there are variety reasons, compared with political reform, economic reform progress and the level of opening policy, administrative monopoly shall be regulated by legal means. Based on current laws and regulation, there are still some shortcomings of monopoly control mechanism. The Anti-monopoly Law will be effect on August 1 2008. It is a short-term result of anti-monopoly and is the basic law to regulate administrative monopoly.In Chapter 2, combinated with the specific provisions of Anti-monopoly Law, the writer analyses administrative monopoly controlling substantial system. To control administrative monopoly, we must first define the administrative monopoly, which is on the premise to establish the legal monopoly control mechanism. To pay attention to the difference between the legal regulation of economic activity by government and illegal interference with the administration monopolistic behavior. Secondly, as the standards of administrative monopoly in Anti-monopoly Law are ambiguous. The anti-monopoly is in fact the abuse of administrative power. It is reasonable to define abuse of power. In addition, the legal control of administrative monopoly must exercise with specific sanctions and corresponding implementing agencies to establish a responsible system of administrative monopoly. The writer makes some suggestion on the division of functions and mutual relationship between the enforcement agencies.In Chapter 3, the writer analyses administrative monopoly controlling procedure system which is necessary for the effective implementation. The Anti-monopoly Law provides a survey of formal procedure and judicial procedure to protect rights and interests of the parties and has very important theoretical and practical significance to further improve a effective implementation.In Chapter 4, based on the text above, the administrative monopoly can only be controlled effectively depending entirely on the attitude of the legislators which lies in whether legislators really want to play their roles. By making guides of Anti-monopoly Law, we shall complete follow-up legislation. In addition, exercising agencies shall have independent enforcement power. Through specifying some provisions of Anti-monopoly Law in principle, it'll make the law more operable in practice. Then Anti-monopoly Law can play a significant and effective role.