Research On The Judicial Relief Of The Administrative Restriction Of Competition

Administrative restriction of competition is a behavior that administrative organs abuse administrative power to eliminate or restrict competition.It is a social phenomenon which is produced by many factors,such as economic,political,legal,social,cultural tradition and so on.Common types of administrative restriction include limited transaction,regional blockade,industry monopoly,etc.These acts,in addition to the form of specific administrative acts,the more is the implementation of such abstract administrative acts through the normative documents.Therefore,the administrative restriction of competition compared to the economic monopoly behavior,has the characteristics of compulsion,concealment,long-term etc.It hinders the formation of a unified market,disturbs the market order of fair competition,harms the fair competition right of operators and interests of consumers,and even generates power corruption.Therefore,it is an urgent task in the field of anti-monopoly law of our country to further study the administrative restriction of competition and improve the regulation mode of administrative restriction of competition,in order to maintain the healthy and stable development of the socialist market economy.In this paper,through the analysis of the current situation and problems of China’s administrative restrictions on competitive behavior,the paper puts forward that we should establish and perfect the judicial relief system.And by combing the existing legal basis of judicial relief system and related cases,the paper puts forward feasible opinions on the specific design of the judicial relief system of administrative restrictions on competition in China.This paper is mainly divided into the following five parts:The first part is the introduction,which describes the research background,research status and research methods of this paper.At present,our country is in the initial stage of the research on the judicial relief system of administrative restrictive competition behavior.Hope that through this study to improve the judicial relief system in our country to make a modest contribution.The second part discusses the basic theory of administrative restriction of competition,analyzes the current situation of regulation and its limitation.Taking administrative law enforcement organs as the dominant mode of regulation cannot meet the need to get rid of the competitive behavior of administrative restrictions,so there is an urgent need for judicial relief system to make up for its deficiencies.The third part mainly elaborates the necessity and feasibility of establishing and perfecting the judicial relief system of the administrative restriction of competition.Firstly,on the basis of analyzing the different views of scholars,this paper expounds the necessity of judicial relief system to regulate the administrative restriction of competition.Judicial relief is conducive to the right to supervise,and make up for the weakness of the strength of the law enforcement agencies of the anti-monopoly law.Secondly,from the "administrative litigation law" and the consolidation of judicial interpretation,the judicial relief system is feasible legally.The fourth part focuses on the current situation of judicial practice in our country.By summarizing the related cases,summed up the deficiencies of current judicial relief system:plaintiff s winning rate is low,the request for compensation is difficult to be satisfied,abstract administrative acts of judicial review is difficult and few references to the"anti-monopoly law" as a basis for judgment.The last part of this paper puts forward feasible opinions on the specific design of the judicial relief system of administrative restrictions on competition:The main mode of judicial remedy should be administrative proceeding,the Rebuttal Burden of Proof should be persisted,carrying out the national compensation system for damages,the right of judicial review of abstract administrative acts should be expanded and the public interest litigation system should be established.