A Comparison Of Legal Regulation Of Administrative Restriction Of Competition Between China Mainland And Taiwan

Administrative restriction of competition is normal in the world，especially inChina.This action means the government and some departments which belong to thegovernment use the administrative authority involve in the field of microscopiceconomy and limit the market in order to hind the market competition.It seriouslyobstacle the healthy development of the market and violate the principle ofanti-monopoly law， it is should be regulated by the anti-monopoly law.At themeanwhile， administrative restriction of competition is a universal problem whichevery country must face with， no matter developed market economic countries oreconomic system transition countries.By introducing the legislation of administrativerestriction of competition in Taiwan and analyzing it，we can find the change of itslegislative value.we can compare the concrete system of administrative restriction ofcompetition between the Mainland and Taiwan from the aspects of ruling objects、enforcement organizations、way of ruling、legal liability、judicatory relief system;theexemption system of administrative monopoly in Taiwan makes public enterprises nolonger a special identity and 《Fair Trade Law》in Taiwan is suitable to the publicenterprises;the prior to review by the fair trade commission in Taiwan make therelated behavior of "administrative organ " more rulable， this is also a feature ofTaiwan.Correspondingly， the counter measures and suggestions of perfecting ourcountry’s administrative monopoly regulation system and the specific measures canalso be from the following aspects: perfecting the constitutive requirements ofadministrative monopoly;improving the legal liability system of administrativemonopoly， including administrative responsibility、 civil liability and legalresponsibility;perfecting the judicial relief way; clearing administrative monopolylaw enforcement agencies settings and permissions.Through the scientific researchmethod of theory and practice and comparative analysis， we can compare thelegislation theory and the judicial practice between Mainland and Taiwan to sum upsome improvement suggestions for the Anti-monopoly Law of China on regulation ofadministrative monopoly.