The Analysis Of Anti-trust Regulations Of Administrative Monopoly

During the establishing and consummating of the Market Economy System of ourcountry, Administrative Monopoly, such as industry monopoly, locality protection and so on,not only counteract the exertion of the function of market mechanism, infringing the rightsand interests of the market principal parts, but also further the corruption in political livings,blocking the course of economy system reforming.Though at present, our country made certain restrictions on administrative monopoly,there exist many problems in practice. From the resource base side, laws and regulations areimperfect and has their flaws, and also lack of enforceability. Then, the setting of theregulation body is not clear, and no not have independence. Most of the regulation bodies arejust the competent departments of industries, and in that case, we can not guarantee thefairness and impartiality. The last but not the least, the means of administrative controls arepoor, and many problems like the imperfection in legislation of administrative procedure, thedelay in enforcement and administration of justice come into being and are severely criticized.So, the administrative monopoly have not received effective control, but have intensifiedtrend.In order to building a unified, stable and far economic market, our country should learnfrom other countries, set up appropriate legal responsibilities, including administrativeresponsibility and civil liability. Penalties for administrative monopoly should be strictlyenforced. And on the other hand, the system of compensation for administrative monopolyneeds to be further improved, to make up the economic losses effectively. In addition,Building up a independent anti-administrative monopoly institution with authority, andshould guarantee it has quasi-judicial right.