On The "anti-monopoly Law," The Regulation Of Administrative Monopoly And Improvement

In recent years, with China’s transformation from planned economy to market economy system, the social democratic legal construction and the legal consciousness of the people gradually improve, in August1,2008China’s implementation of "anti-monopoly law", the administrative monopoly behavior gradually into people’s vision and has been suppressed to a certain extent. However, due to the regulation of administrative monopoly in China’s "anti-monopoly law" is quite generalfuzzy,so that "the implementation of the anti-monopoly law" operation is not practical, causes the administrative monopoly behavior is not due to legal sanctions, administrative monopoly of the legitimate rights and interests of victims to be unable to obtain the relief, caused by administrative monopoly intensified, eventually hindered the healthy development of China’s building a harmonious socialist society and the social economy. Therefore, it is urgent to regulate administrative monopoly of China’s "anti-monopoly law" perfect; it is of great significance to the present stage of our country’s anti-monopoly work.In China, do not have a clear definition of administrative monopoly. Although the provisions of Article51of the AML vague definition of administrative monopoly, but that section does not appear that the words "administrative monopoly", which resulted in the administrative monopoly defined difficulties, resulting in most of the administrative monopoly behavior divorced from AML provisions. Administrative monopoly needs a precise definition. The same time, but also reasonable definition of the state monopoly behavior and illegal administrative monopolistic behavior, clear administrative monopoly characteristics, causes and hazards.Domestic academic AML regulation on administrative monopoly mixed, but in general both institutional breakthrough, there are drawbacks. Institutional breakthrough performance in the General forth the general principles of administrative monopoly, the sub-lists the specific forms of administrative monopoly provisions of the anti-monopoly law enforcement agencies, as well as the provisions of the administrative monopoly liability; its shortcomings is that the antitrust the provisions of the law enforcement agencies imperfect legal responsibility incomplete and imperfect judicial remedies.For "anti-monopoly law", the lack of regulation of administrative monopoly put forward suggestions for improvement, mainly from four aspects to improve:to amend the anti-monopoly law,"the provisions of Article Ⅶ of the" abuse of administrative power changed to the implementation of the illegal administrative act, perfect conditions of employment, the level settings of the anti-monopoly law enforcement agencies, anti-monopoly law, the creation of a criminal, civil liability, the establishment of administrative monopoly public interest litigation system to safeguard the legitimate rights and interests of victims.