Comparison On Legal Regulation Of Administrative Restriction Of Competition Between China And South Korea

South Korea is a market economy country which succeeds in the system transition.South Korean legislation definitely protects economic freedom and economic order,a nd restricts administrative power to interfere or control private economy.Our country is also vigorously implementing system transition,while during this period the admini strative restrictive competition behavior is becoming worse.At this moment,we can't help wondering how South Korea succeeds in system transition and become a completemarket economy country.With this query,this thesis will conduct a more comprehensive analysis of the regulation of administrative restriction of competition of South Korea.South Korean's constitution utilizes two main principles of promotion competition to protect market competition;administrative law and anti-corruption law use prohibition regulations to prevent the abuse of administrative power;Fair Trade and Monopoly R egulation Law(Monopoly Regulation Law,for short)and Unfair Competition Law t ake control of South Korean's unreasonable monopoly behaviors and unfair trade beha viors in combination style in order to achieve the market status of perfect competition.Specifically,this thesis mainly discusses the four aspects of South Korean's specific r egulation of administrative restrictive competition behavior,including regulatory rules,acto rs,principal permission enforcement and legal liability.I hope it is helpful not only t o promote the four aspects in China,but also enhance economic cooperation between China and South Korea in order to improve China's economic development.in the as pect of legislative level,South Korea adopts multilayer legislation and merger of law enforcement;in the aspect of actors,South Korea's Monopoly Regulation Law has a wider actors,that is to say,all the objects involved in monopoly behaviors and unfair competition behaviors belong to actors of administrative restriction of competition behavior which regulation by Monopoly Regulation Law;in the aspect of law enforce ment subject jurisdiction,South Korea's monopoly law enforcement subject Fair Trad e Commission takes charge of quasi-legislative power,quasi-judicial power and law en forcement power,and it is a completely independent administrative institution;in the aspect of legal liability,South Korea possesses perfect legal liability system,with vari ous legal liabilities,stricter legal liability punishment,wider legal liability supplement scope,and diverse methods of legal liability.Compared with South Korea,our countr y has still lots of problems,such as unreasonable legislative level,insufficient regulati on behaviors,narrow law enforcement jurisdiction,lack of detailed leniency policy,abnormal legal liability,backward state-owned enterprise monopoly regulation,and lack of economic democratic regulation,etc.In order to solve those problems,our country can adopt the following measures: set up multilayer legislation and merger of law en forcement,enroll trade monopoly into specific patterns of manifestation,appropriately br oaden law enforcement jurisdiction,formulate detailed leniency policy,improve legislativ e liability system,regulate monopoly state-owned enterprise regulations,and establish ec onomy democratic system.