The Research On The Legal Liability Of The Benefit Of Enterprise In Administrative Monopoly

Nowadays China is in the period of economic transition, the market economysystem is not perfect, the specific conditions in China based on the administrativemonopoly is very extensive. Many enterprises benefit from the administrativemonopoly and use dominant market position indiscriminately to limit or excludemarket competition that hindered the development of the market economyseriously,and violated the free operation of legitimate rights and interests ofconsumers and other business operators. The "Anti Unfair Competition Law"regulates administrative monopoly operator behavior of certain provisions, but thereare still many deficiencies, especially the provisions of its legal liability is relativelyblank, therefore it cannot adapt to the development of the socialist market economy ofour country, also can not meet the needs of the international competition, the urgentneeds to improve the legal liability system of administrative monopoly enterprises,standardizes the order of the socialist market economy to create a harmonious and faircompetition environment for the market operator.This paper is based on China’s national conditions, analysis of benefit from thecorporate legal responsibility should bear the administrative monopoly and explore"the deficiencies in its regulation of the anti monopoly law", and on the basis ofreference America and Russia to regulate administrative monopoly benefit enterpriselegislation theory and judicial practice, our country can put forward suggestions toregulate the corporate legal responsibility, in order to "anti-monopoly law" to betterregulate the economic behavior of enterprise of administrative monopoly.This paper is divided into four parts. The first part is an introduction, mainlyfocusing on defining the purpose and significance of this study and the relatedconcept of a simple introduction. The second part mainly expounds the legal basiswhich administrative monopoly enterprises should bear the legal responsibility of thelegitimacy, which mainly focused on three aspects of analysis，the enterprise’s"Rent-seeking" prompted the abuse of administrative power, benefit enterpriseviolated the individual rights and inviolability of other enterprises, damaged theinterests of other enterprises. The third part is the analysis of the legal responsibilityto the provisions of the administrative monopoly enterprises and refer to our countryas taking USA and Russia as the representative. Secondly, our country present stagerelated enterprise legal liability provisions to analyze the status quo, then reveals theproblems of China enterprise legal liability provisions, as to provide a theoreticalbasis for improving the benefit of legal responsibility of enterprises. The fourth part isto discuss the enterprises legal liability provisions of administrative monopoly inChina, and to proposes suggestions for how to perfect the system of enterpriseresponsibility for the administrative monopoly in China, so as to solve the benefit ofenterprise legal liability problem.