The Nature Of Administrative Monopoly Law Presumption

Competition is the cornerstone of economic and social order. Antimonopoly law, always said the Economics Constitution, has the main purpose of protecting the competition. With exception of regulation of the economy monopoly, Anti-monopoly law also brings administrative monopoly into its conducting scope. For special political and economic systems in our country, the phenomenon related to administrative monopoly is more prevail and serious than western countries. Therefore, the regulation of administrative monopoly becomes the main target of Anti-monopoly law. However, we must stick to special analysis when judging the value of administrative monopoly, because our country still stays the initial phase of market economy and the political reform is slow in action. Upon confirmation of the harm of administrative monopoly, we shall see clearly the rationality of administrative monopoly due to the policy under specified condition of a country. Therefore, when using anti-monopoly law to regulate administrative monopoly in order to establish a unified, open the domestic market and fair competition order, different attitudes and different measures must be comprehensive prohibition and completely eliminate the monopolistic.However, some administrative monopoly is not only seriously limited the market mechanism role to play upon the subject of contract rights and interests, but also encourage the corrupt power and hindering the political and economic restructuring process of history. Therefore, we must use anti-monopoly law to verify them and cause the body of illegal administrative monopoly bear the legal responsibility for the purpose of development of socialistic market economy convoy escort. Meanwhile, the body of administrative monopoly besides the executive authorities, also including the organization of society authorized by laws and regulations for public affairs functions. Those organizations are multitudinous, and the administrative monopoly result from such bodies is very covert. Thus, those bodies shall be respectively analyzed, or it is very difficult to affirm correctly. Secondly, the abused acts stipulated by Anti-monopoly Law shall include the abuse of administrative discretion, beyond the executive power and administrative inaction. Besides, as one of the types of administrative monopoly, the understanding of "stipulation" in Article 37 specified in Anti-Monopoly Law is a broad definition, i.e. such stipulations shall include rule, regulation, as well as any others having generally binding effect, such as decisions and orders, etc.