Study On The Judicial Review Of Administrative Monopoly

Administrative monopoly refers to the administrative subject's use of administrative power to damage the normal competition order of the market economy.Due to the influence of the planned economy and the immaturity of the market economy system,administrative power restricting the existence of free competition always exists.Under the background of the economy entering the new normal condition,we must properly eliminate the obstruction of administrative monopoly in order to make the socialist market economy develop rapidly and steadily.The development of the theory and practice at home and abroad,we can see that the use of judicial supervision has the natural rationality of the administrative power,judicial supervision of administrative power as the main means of the judicial review system is an important trend in the future of the anti administrative monopoly and practices.However,there are many difficulties in the judicial review of administrative monopoly in our country,and the effectiveness of judicial review has not yet been fully demonstrated.Therefore,it is of great theoretical value and practical significance to study the theory and Countermeasure of judicial review of administrative monopoly.This article focuses on the concept of judicial power to supervise administrative power,and adopts the research methods of literature research,theory and practice.It mainly discusses the relevant contents of judicial review of administrative monopoly from four parts.The first part is the introduction,mainly expounds the research background and purpose,research content and methods,review of the research status at home and abroad,and defines the basic concepts of this thesis.On the basis of a brief introduction of relevant research contents and a review of the current research situation at home and abroad,the relevant basic concepts of this thesis are defined.The second part mainly discusses the legal basis and practical possibility of judicial review of administrative monopoly.From the legal value(equity,freedom and efficiency value),expounds its legal basis,administrative law and civil rights from three aspects at the same time,the existing legal system and policy guarantee,domestic and international judicial practice and judicial system reform in three aspects to explain the realistic possibility.The third part focuses on the judicial challenges of administrative monopoly.The main reason for the actual plight of judicial examination of administrative monopoly is the imperfect and mismatched legal system.On the basis of reviewing current relevant legal system,combined with the judicial review of the value target theory,inductive institutional barriers restricting administrative monopoly results from the judicial review system and the administrative monopoly legal liability system in the scope of judicial review,judicial review standard,court jurisdiction.The fourth part mainly discusses the system of judicial review of administrative monopoly in china.In view of the current institutional barriers restricting the administrative monopoly judicial review of the effectiveness of the proposed expansion of the scope of judicial review and examination standard,reform the existing jurisdiction system,clear the plaintiff qualification rules,explore the establishment of specialized institutions and the establishment of judicial review of administrative monopoly litigation system,perfecting the legal liability system of administrative monopoly and so on,in order to better realize the value of administrative monopoly judicial review.