Study On The Recognition Criteria Of Administrative Monopoly

Antimonopoly Act has made certain achievements since it was carried out three yearsago, but it can still not deal with all the current problems effectively. Taking the basictheories of Administrative Monopoly as starting point, the present study will analyze theconditions for the recognition criteria of Administrative Monopoly and further propose thatanti-administrative monopoly should be done from the aspects of legislation, lawenforcement and justices.This thesis consists of three parts which develop as following:In the first part, the concepts of monopoly will be introduced which will pave the wayfor the introduction of Administrative Monopoly. Then related and similar concepts suchas nature monopoly, economic monopoly, national monopoly and government interferencewill be analyzed in order to clarify the distinctions between them and Administrativemonopoly.In the second part, the recognition criteria of Administrative Monopoly will bedivided into three standards including subject standard, behavior standard and resultstandard. As to the subject standard, the author tries to analyze the advantages anddisadvantages of different strands proposed by scholars in China and then introduce thevaluable experiences of foreign countries like UK, USA and Russia. Based on the intensiveanalysis of22typical cases, the subject criteria of Administrative Monopoly are obtainedwhich are subjects’ administration, possession of direct or indirect administrative authorityand the feature of direct or main implementer. Then the author focus on the controversialbehavior standard which has been considered as abusing administrative authority for a longtime and puts forward the new standard-violation of administrative law after analyzing22related cases. It has three kinds of expression which include abusing administrativeauthority, exceeding the limits of power and administrative negligence. Lastly, afterillustration the result standard is concluded as three aspects which are limiting fair competition, leading low efficiency and damaging government’s credibility.In the third part, the prospects are proposed. Firstly, it is hoped that the subject ofAdministrative Monopoly will be regulated specially in different way of combining themethod of listing and generalizing. And also the behavior standard is expected to berevised as violation of administrative law. Secondly, it can be done from law-enforcingaspect which requires law enforcement agencies to strengthen and improve the efficiency.Finally, judicial relief mechanism should be taken as the ultimate method ofanti-administrative monopoly, which is the result of the fact that simply depending on theimproving the consciousness and morality of officials doesn’t work in protecting the publicinterests, just like its failure in events of “SanLu milk powder” and “painted bread”recently. That is why the justice should be the final guarantying method.