Research On The Legal Regulation Of Administrative Monopoly

Administrative monopoly is one of the main reasons that endanger the healthy development of China's market economy for a long time.Abuse of administrative power not only constitutes the effect of eliminating and restricting competition in the market,but also fundamentally involves the level of political and economic system reform in China.Administrative monopoly is the destruction of the administrative power to the normal market competition order,so it is more harmful than the traditional economic monopoly.However,at present,our country is unable to regulate administrative monopoly.Legislation mainly includes the Anti-monopoly Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China.The two laws are regulated comprehensively by means of ex post remedy and fair competition review system by means of ex ante supervision,but they are not implemented smoothly in practice.One of the manifestations of administrative monopoly is that it is difficult to expose.However,since the promulgation of the Anti-monopoly Law,the number of cases of abuse of administrative power to restrict competition in various regions is far lower than that of general economic monopoly cases.Only in August 2018 did the State Administration for Industry and Commerce publish a brief summary of ten typical cases.Another manifestation of the difficulty in regulating administrative monopoly behavior lies in the difficulty in implementing legal liability.On the one hand,the provisions of the Anti-monopoly Law on the legal liability of administrative monopoly are relatively simple.On the other hand,from the cases currently published by the anti-monopoly law enforcement agencies,the provisions of Article 51 of the Anti-monopoly Law on the punishment of persons directly responsible seem to be unknown.In this paper,the integrated use of case analysis,comparison research method to analyze these problems,based on the theory and practice of the judicial system and administrative system,administrative monopoly case paper summarizes respectively,combined with the legislative regulation of the deficiency,draw lessons from the United States,France and other countries of the anti-monopoly law enforcement experience,and combined with the present status of the economic system reform in China to find the appropriate regulation method.The main body of this paper consists of the following five parts:the first part is the introduction part,from the current only one case identified as administrative monopoly,leading to the problem of administrative monopoly case regulation;The second part,through to the administrative monopoly and economic monopoly and the comparison of related concepts,such as national monopoly,to briefly the concept of administrative monopoly,and through the analysis of administrative monopoly in China's growing on soil,understand this transition period in China's special administrative monopoly has unique properties,which contains two aspects of economic monopoly and administrative attribute,so much more hazardous than general economic monopoly,to further highlight the necessity of effective rules and regulations;In the third part,by analyzing the current situation and predicament of domestic legislation and practice,relevant cases and legislative documents are sorted out,analyzed and demonstrated,and the deficiencies existing in the regulation of the current "anti-monopoly law" are systematically analyzed,in an attempt to put forward targeted substantive Suggestions on regulation of administrative monopoly.In the fourth part,based on the theoretical research of administrative monopoly regulation path,further prospect is made,and Suggestions are put forward to improve the responsibility regulation in economic legislation,enhance the independent status of law enforcement agencies,and take administrative litigation regulation as the final guarantee of system design.