On The Judicial Regulation Of Administrative Monopoly

In China,the concept of "administrative monopoly" has not been clearly used in both the anti-monopoly law and the administrative procedural law,but there are clear provisions of the abuse of administrative power by administrative organs to eliminate and restrict competition.The anti-monopoly law sets up a special chapter to stipulate the act of "abusing administrative power to exclude and restrict competition",while the current administrative procedure law for the first time includes the act of "abusing administrative power to restrict and eliminate competition" into the scope of cases,and the administrative monopoly judicial regulation mode is formally established.Due to the serious shortage of theoretical accumulation and practical experience of administrative monopoly judicial regulation in our country,the development of administrative monopoly judicial regulation has been stagnant,which is reflected on the small number of cases of judicial practice.In 2017,shenzhen city of guangdong province higher people's court for highly attention to all walk of life,science and technology co.,LTD.V.violation of fair competition right of guangdong province department of education administrative dispute case of the final verdict,identified in the guangdong province department of education "project cost basic skills in events" provincial competitions,specify vision bank shares of software co.,LTD.,the behavior of the software for the exclusive participating software,abuse their administrative power,produced the effect of eliminate or restrict competition in the market,in violation of the anti-monopoly law regulation.This lawsuit not only confirms the violation of relevant administrative monopolization,but also sets up the judicial standard of administrative monopolization.As the dust of this case is settled,administrative monopoly litigation cases will be more and more,and the types of cases will be more abundant.Under China's current administrative litigation system,how to deal with or how to play its due role in judicial regulation is of great value.This paper studies the judicial regulation of administrative monopoly on China through the analysis of specific cases and relevant data.This paper is divided into seven chapters.The first chapter is the introduction.Guided by the thinking triggered by five typical cases of anti-administrative monopoly litigation,this paper elaborates the research purpose,significance and research status of this paper,which lays the foundation for the later writing.The second chapter are an analysis of the concept ofadministrative monopoly.Through the analysis of two theoretical controversies--"behavior or state,legal or illegal",it clarifies the connotation and extension of administrative monopoly discussed in this paper.The third chapter elaborates the experience of the United States,Germany and Russia in regulating administrative monopoly by taking the common law system,continental law system and countries with economic transformation as the selection conditions.Chapter iv administration monopoly judicial rules and regulations ought to be,first of all,from the internal control the disadvantages of this paper expound the necessity of legal regulation on administrative monopoly,then starting from the legal basis of judicial regulating administration monopoly to analyze its feasibility,finally,in the judicial system reform under the new situation,this paper summarizes the new development of the legal regulating administration monopoly.Fifth chapter respectively from the macro and micro two aspects elaborated the current our country the status quo of legal regulating administration monopoly,the judicial regulation mode,which is mainly due to the premise of judicial regulation factors caused by inadequate-censorship rules,chapter 6of the monopoly of the difficulties and hot issues of the lawsuit judicial review-the plaintiff qualification,judicial review of abstract administrative monopoly,focusing on the "abuse of administrative power" of justice has carried on the analysis.Chapter vii "under the existing legal system,how to play to the role of the legal regulation on administrative monopoly",puts forward some Suggestions to perfect should first establish the safeguard social public interests and the value orientation of competition order,in the concrete path,should strengthen the regulation and regulation of cohesion,establish the unified standard of judicial review,set up specialized judicial team.