A Study On Price Monopoly Of Social Intermediary Organizations Regulation

With our country economic restructuring and economic growth mode changing, the service sector which makes a contribution to economy exceeds secondary industry. As important business entity in service sector of the social intermediary organization, whether it can develop healthily or not, which is relating to national economy’s stability and prosperity.Social intermediary organization is the market main body established legally with qualification requirement, providing services to clients for profit. The rentability of Social intermediary organizations decides that their market behavior is a behavior on price competition. Therefore, the damage behavior of social intermediary organization to market competition order should be regulated by Price Method Law and Anti-trust Law.The essential feature of social intermediary organization is mediation instead of the conduction of management functions. Therefore, industry associations are not belonging to social intermediary organizations in essence but the body of social middle layer. We should abandon generalized definition by domestic academic circles and choose the narrow sense. We can make clear the definition of social intermediary organizations and industry associations only by this way. In the design of systems aspect, the Industry association regulated by Anti-trust Law is not equal to social intermediary organizations.Social intermediary organizations is different from other market bodies’ monopoly price, its monopoly price has its own particularity. Some are legal and some are illegal. It means that analysis of their problems and countermeasures should be divided into two aspects.A part of social intermediary organizations’ monopoly price is legally with the specific stipulation of laws or department rules. When client accepts the government review and approval, government departments can appoint some social intermediary organizations which are exclusive to offer the service. These social intermediary organizations’ monopoly price is legal, because of the business sources are monopoly and legal.The legal price monopoly of social intermediary organizations are two types: one is under the administrative approval system within allocation of market resources; the other one is letting some intermediary organs or a specific one to carry out monopoly by the specific mode with the administrative approval system is backward in market economic development, which is destroying intermediary market competition order. The specific performance has some types: some social intermediary organizations, one social intermediary organization or one kind industry is sharing price monopoly.Because of social intermediary organizations’ legal monopoly price, we only to modify laws to get over negative influence of market competition. However, our country is lack of the competitive evaluation mechanism in administrative approval system and the reform of administrative approval system and the government pricing mechanisms is backward. Meanwhile, the negative influence on legal price monopoly behavior is hard to control before the modification or repeal of the related laws, regulations or administrative rules. In view of the above problems, we should establish and perfect the competitive impact assessment mechanism under administrative examination and approval, reform related systems, especially the government pricing mechanism about intermediary market. Related to intermediary services about administrative examination and approval which have perfect price formation mechanism, it is regulated by market. At the same time, we can set up an agency fee list, publish agency service fee and so on.The illegal price monopoly behavior of the Social intermediary organizations means that they have no legislative basis. They include joint price increases, compulsory pricing, high charging behavior and violation charges. These illegal behaviors will obstruct the growth of social wealth, disrupt the market order and make an unfair competition. Therefore, they should be regulated.Because monopoly price is regulated by Anti-trust Law which the targeted is not strong, social intermediary organizations’ monopoly price have no special legislation, which is not satisfied for market development. At the present stage, with the regulation of illegal price monopoly is not enough and the result of regulation is not ideal, we should publish a guide to regulate social intermediary organizations’ monopoly price, establish a coordination mechanism between anti-price monopoly law enforcement agency and price regulatory authority, make an united administrative law to regulate social intermediary organizations’ monopoly price and establish an unified social intermediary agency.