The Duty-charging Mechanism Of Administrative Monopoly

ABSTRACT:Fair competition and improving the legal system is the heart and soul of the market economy. Compared with European countries with developed market economy, China’s economic and administrative monopolies field produced late, only three or four years, but its harm to economic development, but can not be overlooked. Because of our long-term implementation of the planned economy, the government issued an executive order from the socio-economic development of the absolute leading role, resulting in government intervention in the economy and the impact of deep-rooted, our country’s political and economic reform accordingly although since the reform and opening up, establish a sound socialist market economic system, but the administrative monopoly in the field of China’s economy is still relatively common. Administrative monopoly monopoly has generally common, are in some way a threat to the healthy development of the socialist market economy, and the administrative monopoly power in close contact with the government administration, the Government shouldering macro-regulation of the market economy functions, administrative monopoly under the "legitimate" coat, show some mandatory, hidden motive and purpose of diversity which is easier to have an anti-monopoly in the field of administrative barriers and misperceptions. Therefore, the legal responsibility of the Administrative monopoly has some theoretical and practical significance. From the source point of view, in constantly improving the socialist market economic system development today, local government and administrative departments at all levels of government belongs to the administrative body with executive powers on behalf of, the use of administrative coercion limitations, exclusions, impede legitimate competition make legitimate competition between the socialist market economy conditions damaged, against the legitimate rights and interests involved in the main market economy. This is of course with the country in economic transition, a special period of economic change are inseparable, but more by the "local parochialism " and ignored the legitimate interests of consumers, the relevant anti-monopoly laws and regulations are not sound administrative, social supervision mechanism is imperfect, regulation of administrative monopoly is not enough and other effects. Based on the concepts of administrative monopoly combing through the outward manifestation of classification and analysis of administrative monopoly, explore the historical, economic, administrative monopoly on the root causes of the formation, and then explore the nature and characteristics of administrative monopoly, the analysis of administrative monopoly abroad accountability mechanisms, clarifying the process of accountability mechanisms and the development of China’s current situation, the author concludes improve our own thinking on administrative monopoly accountability mechanisms.In the present, analyze, and then solve the problem under the guidance of research ideas, the main content of this article is divided into five parts:The first part, the main research and the basic concepts of administrative monopoly characteristics, as well as the classification of administrative monopoly and its causes. The second part, on the nature and characteristics of administrative monopoly discussed. Its essence is:the economy is not only unlawful administrative monopoly, but also administrative violations, which is the subject of illegal administrative body; characterized by:the particularity of actors, behavioral manifestations of diversity, social harm is extremely serious.The third part analyzes from abroad administrative monopoly accountability mechanisms. The main analysis of two groups of countries, one is based on the European Union and the United States as the representative of the market economy countries, the other is the same in our market economies in transition, such as Russia and Ukraine.The fourth part, the main sort of administrative monopoly status of the development course and accountability mechanisms, including two plates:one of China’s legal regulation of administrative monopoly, and second, the relevant departments of the State Council administrative monopoly accountability mechanisms.The fifth part, mainly on the improvement of administrative monopoly accountability mechanisms put forward corresponding countermeasures, including antitrust regulations in order to improve administrative monopoly and the establishment of the authority, independent anti-monopoly law enforcement agencies and other administrative.