Research On Legal Regulation Of Administrative Monopoly

Known as the "economic constitution" said the anti-monopoly law, based on the protectionof free competition as the main purpose. In addition to the regulation of economic monopolies,modern antitrust laws of most countries will abuse of administrative public authority, and thusinterfere with the behavior of free competition into the adjustment range. Compared withother countries in the world because of chinese special political and economic system, thebehavior of administrative public authority intervention in the free competition of the marketeconomic order more widespread and serious. Thus, the regulation of administrativemonopoly should be the main target of the Antimonopoly Law. The main content of thisarticle is based on chinese national conditions on the basis of fully learn the matureexperience of developed countries and countries which economies in transition, and explorehow to improve the administrative monopoly antitrust regulatory mechanisms, the feasibilityof the program in order to effectively regulate administrative monopoly.This paper is divided into four parts. The first part of overview of the related concepts ofadministrative monopoly, mainly around the concept of administrative monopoly,characteristics, causes and hazards specific analysis, this argument regulate administrativemonopoly value, namely regulation of administrative monopoly is to improve the socialistmarket economic system, the internal The requirement is to achieve the objectiverequirements of the rule of law, is an important guarantee to improve the administrativebody’s ability to govern, but also chinese accession to the WTO commitment to comply withthe inevitable choice of the relevant agreements. The second part of an analysis of the currentsituation of chinese administrative monopoly Antitrust Regulation, the main focus at thisstage of antitrust laws regulate administrative monopoly of legislative status explore chineseadministrative monopoly antitrust regulation, and on the basis of this study reveals The mainproblems: the legislative level, liability, and law enforcement agencies to lay the basis ofpractice, as discussed later how to effectively regulate administrative monopoly. Thetransition countries of the third part of the economic system of the economically developedcountries, as the representative of the United States, Japan and Russia, Ukraine AntitrustRegulation administrative monopoly system to conduct in-depth analysis, explore the place available for reference by China. The fourth part based on chinese national conditions,reflectthe problems of chinese administrative monopoly antitrust regulation, mainly on anti-trustregulatory administrative monopoly legislative level defects, they should bear the legalresponsibility of the system as well as anti-administrative monopoly aspects of the lawenforcement agencies to make specific discourse, to put forward suggestions for improvementof the antitrust laws regulate administrative monopoly, to address how to effectively regulatethe administrative monopoly.