Study On Some Problems Of The Regulation Of Administrative Monopoly In China

The relationship between government and the public power market is a timeless focal point, Dating back to the Huang Di, ask until the late Qing Dynasty under. Similarly, the public power and distance of the market economy but also determines the political system of the world, large and small countries, No matter what kind of capitalism, socialism, or how, this distance plays a decisive role. I read a lot of books and papers found that the concept of administrative monopoly into sight not for long. Until today for the type of administrative monopoly domestic scholars also controversial. Some scholars will not be included in the administrative monopoly of state monopoly, and some scholars administrative monopoly fully defined as illegal behavior. But I believe that the country’s absolute monopoly in some sectors on the one hand is the administrative monopoly, administrative monopoly both lawful and reasonable, but also illegal unreasonable. Some scholars believe that the administrative monopoly is only a phenomenon unique to China.In this regard, I do not agree with his point of view. In the western developed countries in the world of free competition, also more or less the existence of administrative monopoly behavior, only the public power and distance from markets have difference. Some scholars believe that the natural monopoly does not belong to the administrative monopoly, the author thought that this view is too absolute, in the natural monopoly industries such as water, gas, salt if the national level or local government using public power participation or intervention, then the natural monopoly will be also attributes of administrative monopoly.This article is divided into five parts altogether:the first part is the author browse through data analysis of the current domestic scholars at home and abroad research situation of administrative monopoly and proposed own some views; The second part is analysis combined with the first part of the domestic scholar’s views about the inner relationship between administrative monopoly and other adjacent monopoly and administrative monopoly in our country are analyzed the causes and characteristics. In this section, the author expressed his opinion, especially at the national level of economic monopoly and administrative monopoly and government regulation behavior does not belong to administrative monopoly; The third part is through the comparison of the third part, analyzes the way of our country in the aspect of legal regulation of administrative monopoly, methods, and these ways, the problems existing in the method; The fourth part is compared the western developed countries represented by the United States, and in the economic transformation of the administrative monopoly regulation mode of Russia. Compared with their analysis, the author found their advantages and disadvantages in the administrative monopoly as well as the enlightenment to China; The fifth part is through the analysis of the four part, summarizes our country administrative causes, characteristics and influence, and puts forward some Suggestions to avoid adverse administrative monopoly.Overall, in the article the author’s first expressed the adverse administrative monopoly phenomenon is growing concern, second think antitrust is also an important way to reverse harmful administrative monopoly, and finally the author thinks that the sunshine running of public power is the most direct way to reverse harmful administrative monopoly. Perfect laws and regulations and various rules and regulations is of the most fundamental way to adverse administrative monopoly regulation. Deepen the political system, the establishment of independent higher level antitrust authority is the most effective way to against harmful administrative monopoly.