Improve China's Anti-monopoly Administrative Law Rules

Administrative monopoly is an illegal action brought by our long-term planned economy and has long been the great problem of our market economic development. Our antitrust law includes the anti administrative monopoly as an important part of it. This is the new opportunity of anti administrative monopoly through legislation. But there are also many defects about the regulations of the anti administrative monopoly in our new antitrust law. The writer reviews roundly the relative regulations about the administrative monopoly in this new law and finds out the problems. The article is written by comparative and positive analysis and the legal experience of the foreign countries has been used for reference. It analysis the regulations about the anti administrative monopoly stated in the new law ,points out the defects among them and puts forward the suggestion to perfect them. The expectation can make the antitrust law have the greatest operation to the structure that the administration monopolizes in practice finally.This article is divided into three parts, excluding introduction and conclusion.The first part: Through the analysis of the constitutive requirements, it points out the concept of administrative monopoly given by the antitrust law has flaws and gives a new concept.The second part: Through conceiving"the law enforcement agency against monopoly"and introducing and comparing the models of other countries'law enforcement agency against monopoly, the writer argues that the three-agencies model which exists now has many defects. The writer concludes that we should set up a more authoritative and independent law enforcement agency against monopoly on the basis of the experiences of foreign countries.The third part: Through the analysis of the specialty of the liability of administrative monopoly, and use the designation of the liability system of foreign countries, the writer suggests to make perfect the administrative liability and civil liability of our liability system of administrative monopoly.