A Study On The Legal Responsibility Of Administrative Monopoly

Under the guidance of major policy-market plays a decisive role and government plays a better role,the Administrative monopoly issue that the administration abuses administrative powers to eliminate and limit competitions has been brought into high focus increasingly by the law.An important reason why various administrative monopolies was eliminated but failed is that the actual legal liability system for eliminating administrative monopoly is not perfect.While in the Antimonopoly Law which is high hope on restricting the Administrative monopolies,the legal liability for subjects with administrative monopoly is prescribed extremely simply and is set up with obvious defects.It causes difficulty to deter and contain Administrative monopolies effectively while practicing.Therefore,it is quite urgent to have a further research on Administrative monopoly legal liability system.This paper starts by collecting and analyzing the Administrative monopoly legal liability system legal situation of our country and accountability practice and puts forward that the Antimonopoly Law and other relevant laws and regulation should enrich the content about Administrative monopoly legal liability system,thereby,Law Control could plays an essential role in Antimonopoly.Specifically,this paper research on Administrative monopoly legal liability system by responsibility party,responsibility form and accountability approach and give useful suggestion of perfecting legal liability system.Firstly,the given business dealers with some Administrative monopolies should be roundly included in Antimonopoly Law regulation.The relevant legal liability is prescribed according to the circumstances of the given business dealers’ behavior.Meanwhile,the inner Administrative responsible personnel should be strictly accounted and punished aggravatingly.And punishing by a fine could be considered.Secondly,the civil liability,criminal responsibility,state compensation liability and other liability forms are suggested to be included in administrative monopoly legal liability system and based on the content that higher authorities aim at the administrative monopoly suspected organs and put forward to"charging correction",the single way of taking responsibility regulated in-Anti monopoly Law,it comes up with rich forms of liability,increasing administrative liability forms that law enforcement agency directly stops or repeals administrative monopoly and circulate a notice of criticism and so on.Finally,it suggests that sets up a anti-monopoly law enforcement agency which is authoritative and independent and enlarges its law enforcement power limitation further that it can play an important role in the responsibility investigation of administrative monopoly.The main content of the paper can be separated into four parts.The first part illustrates and analyzes the problems and deficiencies in legal liability of administration monopoly mainly from legislation and practices.First,start with the concrete laws concerning administrative monopoly and illustrate the existing defects in legislation based on the current legal norm of different administrative levels.Then,combined with specific administrative actions and legal precedents by court,make a summary based on the problems exposed in practice cases and point out the dilemma in duty-charging concerning the legal liability of administrative monopoly.The second part mainly discusses the issue of liability subject.I suggest to incorporate the internal personnel of administrative organs who are always be indulged into the liability system,which has been overlooked by the legislation of"anti-monopoly law".In the third part,use the relatively mature experience in foreign countries such as Russia for reference.Demonstrate how to enrich the form of legal liability of administrative monopoly and form a deterrent and effective liability system.Besides,have a further discussion about the concrete forms which should be included in the legal liability of administrative monopoly.The fourth part discusses the liability assigning mechanism.Require further improvement in the position and function of specialized anti-monopoly organs and judicial organs when implementing the legal liability of administrative monopoly.