Research On The Regulation Of Administrative Monopoly From The Perspective Of Administrative Litigation

Administrative monopoly is a phenomenon of alienation of administrative power,which not only hinders the normal operation of market competition mechanism,but also hinders the fair competition of market subjects and deprives consumers of their free choice.In order to curb the phenomena with strong destructive power and harmfulness,the importance of competition policy in China has become increasingly prominent.Diversified regulatory paths,such as anti-monopoly law enforcement,fair competition review,administrative litigation relief,have been formed.However,in many alternative regulatory paths,relying solely on the administrative subject to self-check and self-rectify its monopolistic behavior can not achieve the full regulation of administrative monopoly.It should be recognized that in the process of implementing competitive laws,the administrative litigation relief system of the third party has natural advantages,which can correct administrative monopoly effectively and protect the interests of victims adequately.Therefore,this paper chooses administrative litigation as the starting point,and along with the definition of the object of study-to examine the current situation of regulation-to find obstacles in the system-puts forward the research ideas of optimization suggestions,to conduct a comprehensive review of the regulation of administrative monopoly.The article is divided into four parts,mainly discussing the following points:The first part elaborates the basic path of administrative monopoly and regulation.First,the basic introduction of administrative monopoly;second,to determine the theoretical basis of administrative monopoly regulation,including the theory of competition order in the sense of economic law and the theory of administrative control in the sense of administrative law;third,to analyze and demonstrate the advantages of administrative litigation by comparing the regulatory paths of administrative monopoly.The second part introduces the regulation of administrative monopoly from the perspective of administrative litigation.Firstly,it examines the current legislative situation of anti-administrative monopoly in China,and seeks the superior legal basis for administrative litigation against administrative monopoly;secondly,it retrieves the administrative litigation cases that can be referred to,and collates and analyses these cases from the jurisdictional courts,litigation requests,judgment results,etc.,to investigate the current status of anti-administrative monopoly administrative litigation in judicial practice.The third part reflects on the obstacles faced by administrative monopoly regulation from the perspective of administrative litigation.On the one hand,under the current legal system,neither the substantive law of competition nor the administrative procedural law can fully regulate administrative monopoly;on the other hand,through empirical analysis,we can find that there are drawbacks in our judicial system,the administrative litigation mechanism is still imperfect,and the relief effect of anti-administrative monopoly administrative litigation is not ideal.The fourth part,looking for a way out,from the perspective of administrative litigation,puts forward the optimization suggestions of administrative monopoly regulation.On the one hand,it is necessary to clarify the legal basis of administrative monopoly litigation,including rules and normative documents,to include all abstract administrative monopoly in the scope of administrative litigation;on the other hand,it is necessary to enhance citizens' awareness of litigation,optimize the jurisdiction of courts,the scope of accepting cases,the qualifications of plaintiffs and the design of review standards in the administrative litigation mechanism.To clarify the legal responsibility of the illegal administrative subject and ensure the relief effect of administrative litigation.