The Research On The Legal Responsibility System Of The Administrative Monopoly

With the transform of economic system in China, administrative monopoly has been much criticized due to the implementation of planned economic. Along with the increase of the degree of openness and competition in domestic commodity and service market, people have improved their awareness of market competition. How to oppose administrative monopoly has become an urgent problem to be solved in the construction of China’s modernization. Although the phenomenon of administrative monopoly has occurred in every country of the world, it is particularly serious in China. Administrative monopoly refers to the administrative subject through the improper exercise of administrative power, to restrict the competition freedom, and then the normal order of the market to produce a destructive effect. The content of the administrative monopoly includes both political and economic law, so it can be regarded as a kind of collective illegal behavior. Fair and orderly is the soul and core of market economy competition. Administrative monopoly makes its hard to form the real fair and orderly market, which not only against the operator’s business freedom and the legitimate rights and interests of consumers, but also makes it difficult to form an open and unified market, which is very easy to political corruption.Administrative monopoly has caused widespread concern in the field of law and society. In the short term, it is necessary to implement comprehensive treatment in order to eradicate administrative monopoly. Due to the lack of relevant legal system, administrative monopoly is entrenched and repeated. As to the related matters of administrative monopoly, if the installment of responsibility can be effectively regulated, which can play a preventive role in the case came and yet to come. The function of administrative monopoly has not been fully played out in the current practice of our country, and its related responsible system exists fuzzy subject scope, lack of responsibility category, punishment intensity of light, fake implementation mechanism and others. Therefore, this paper tries to discuss the related problem of administrative monopoly in order to study the actual situation of administrative monopoly, highlighting problems in it. At the same time, the advanced experiences have been introduced from foreign developed countries and economic transformed countries. Based on the current situation of our country, suggestions of optimize administrative monopoly have been summarized in order to benefit the construction of national system which can control related problems of our countries.The paper is composed of six parts:Part One. Introduction. This part includes the raising of questions, the purpose and significance of the topic, the research method and so on.Part Two. The basic theory of administrative monopoly and its legal responsibility. Administrative monopoly has been analyzed in the aspects of concept, characteristics, forms and causes, so as to demonstrate the intrinsic value of it, and discuss the related regulations. Finally, the conclusion can be drawn that legal means is the best way to regulate the administrative monopoly, and the legal liability is the most important part of the legal policy.Part Three. The current situation and imperfection of the legal responsibility of administrative monopoly in our country. Through the collecting of the main laws and regulations, such as "anti monopoly law" and "Anti Unfair Competition Law", the part comes to the conclusion that problems have been existed in the legislation, law enforcement and implementation mechanism of administrative monopoly legal liability.Part Four. Comparative study of legal responsibility system of administrative monopoly in other countries and our enlightenment. This part mainly studies the administrative monopoly responsibility system of two kinds of countries. One is the developed country represented by the United States and Japan. The other is the system transformation countries represented by Russia and Ukraine. Through the investigation of its legislation and practice, we improve our administrative monopoly legal liability system in the next chapter.Part Five. Complete the related suggestions of Chinese administrative monopoly legal responsibility. According to the defects of legal responsibility system and the advanced experience of foreign countries at the present stage, this part puts forward some suggestions on improving the legal liability system of administrative monopoly in the three aspects of the legislation, law enforcement, administrative responsibility and civil liability.Part Six. Conclusion. This part summarize the discussion in the text.