Research On The Abuse Of Administrative Power In Administrative Monopoly Cases

Administrative monopoly is a kind of happened in the field of competition law in the administrative illegal behavior of damaging,administrative monopoly and its legal control is one of the important subject in the field of economic administrative law,compared to the general market monopoly,administrative monopoly because with the behavior of the public right organs abuse their administrative power to the characteristics of the combination of more destructive,become a big resistance to the development of the socialist market economy.According to the provisions of article 8of the anti-monopoly law of China,administrative monopoly mainly refers to the administrative subject's abuse of administrative power to exclude or restrict competition.Therefore,"abuse of administrative power" has become an important illegal component for the determination of administrative monopoly.However,there are no clear provisions on the definition of "abuse of administrative power" in relevant laws,and practices vary in practice.Administrative monopoly is mainly composed of competition law to regulate,"abuse of administrative power" of this expression is also derived from competition law,the administrative law theory,"abuse of administrative power" idea is not common,is closely related to the concept of "abuse",both on the surface has a high degree of similarity and consistency,but their relationship is not clear how.Although this problem seems small,it actually leads tosome obstacles to the regulation of administrative monopoly in practice,as well as some inconsistencies with the theory of administrative law.In order to sanction administrative monopoly,it is necessary to make clear what kind of behavior can constitute administrative monopoly.Based on the above problems,this paper clarify the basic concept of administrative monopoly,and clear the cases of administrative monopoly are discussed in this paper which contains in the concrete,as well as to the limitations of "abuse of administrative power" is analyzed,and based on competition law provisions of relevant laws and administrative law specifications comb to discuss the legislative reason,followed by examining the existing administrative monopoly action and law enforcement cases,found that courts and law enforcement agencies in the review of administrative monopoly cases not only from the perspective of abuse of power,but a comprehensive analysis of cases,Abuse of power,exceeding power,violation of legal procedures,administrative inaction and other illegal situations will be determined to constitute administrative monopoly.At the same time,based on the textual research of the relationship between abuse of administrative power and the abuse of power,it is concluded that the abuse of administrative power and the abuse of power is not the same concept,but the relationship between the former includes the latter conclusion,and clearly abuse their administrative power contains a variety of specific circumstances,so the abuse their administrative power to expand can be interpreted as including all illegal administrative activities.On this basis,further expand to explain that the limitation,points out that should be "anti-monopoly law","administrative procedural law" the relevant provisions of modifications,and in order to better regulate administrative monopoly caused by the abuse of administrative power should also improve the system of administrative monopoly law enforcement,establish a unified law enforcement main body and build fair competition censorship,perfect the judicial relief system,and from the level of administrative authority of administrative morality,to transform the traditional ideas about "all government",the construction of law-based and limited government,reduce the public power intervention in theeconomy,optimize the business environment,let the administration of administrative,The return of the market to the market,the administrative monopoly will be truly uprooted,but also the market to full vitality.