Determination And Regulation Of Administrative Monopoly In Anti-monopoly Law Enforcement

Administrative agencies and organizations authorized by laws and regulations that have the function of managing public affairs abuse administrative power to restrict and eliminate competition are called administrative monopolies.In the era of planned economy,the government directly adjusts the economic operation through administrative orders and the chief executive's will in order to replace the market mechanism.After entering the era of market economy,this mode of economic management has not been completely abandoned.The government is still accustomed to directly or indirectly illegally intervening in economic operations,hindering the formation and development of a free market competition mechanism,disrupting market order,and reducing the overall economic performance.Therefore,it is imperative to increase the crackdown on administrative monopoly through the anti-monopoly law enforcement agencies.However,because the form of administrative monopolies is difficult to identify in reality,the anti-monopoly institutions are also faced with problems such as decentralized power and weak enforcement power.Therefore,how to accurately identify the administrative monopoly behavior and improve the law enforcement capacity of law enforcement agencies is an urgent problem to be solved in China's anti-administrative monopoly law enforcement field.This article is to expand and discuss around this issue:This article is divided into five parts.The first part is the introduction of the problem.It introduces the fact that China's current administrative monopoly behavior is frequently occurring.At the same time,it introduces the reasons for the frequent occurrence of administrative monopoly and the great harm it generates.This shows that the urgency of strengthening the enforcement of anti-administrative monopoly is strong.The second part combs and defines the meaning of administrative monopoly,and distinguishes the difference between administrative monopoly and several adjacent concepts.Finally,it introduces the different classification criteria for administrative monopolies in the academic world.This is to better identify the administrative monopoly,and then sum up the basic conditions for constituting an administrative monopoly.The third part is the focus of the dissertation,combining the relevant knowledge of administrative law and the case analysis to determine the constituent elements of the administrative monopoly behavior.First,the subject of administrative monopoly must be the administrative subject in administrative law.Second,the type of administrative monopoly includes not only administrative abuse of power in administrative law but also administrative override of power and administrative inaction;the result of administrative monopoly is that administrative monopoly imposes substantial restrictions or exclusions on market competition.The fourth part introduces the problems existing in China's administrative monopoly law enforcement agencies.The main problems are that law enforcement powers are too fragmented,abstract administrative monopolies are difficult to govern,and penalties for monopoly entities are not strong;based on these issues,the author proposes corresponding solutions.It is hoped that the enforcement capacity and law enforcement effectiveness of China's anti-administrative monopoly law enforcement agencies will be enhanced.The fifth part summarizes the full text and expects that with the gradual establishment of the national fair competition review system,the problem of administrative monopoly in China can be resolved more thoroughly.