| Anti-Monopoly Law of the People’s Republic of China is clearly prohibited abuse of administrative power to eliminate or restrict competition,because it is very harmful to society.The law including some provisions about legal liabilities of administrative establishment and relevant leading person in administrative monopoly.There provisions are necessary to prevent the administrative monopoly.However,the business operators play an important roles in promoting administrative monopoly,but Anti-Monopoly Law does not stipulate it’s legal liabilities in administrative monopoly.Generally speaking,if the business operators participate in administrative monopoly and carry out other monopolistic behaviors prohibited by the Anti-Monopoly Law,the business operators will only be punished for violating other monopolistic behaviors and will not be punished for participating in administrative monopoly.In fact,although the administrative monopoly is dominated by administrative development,the business operators in the process are the direct or indirect beneficiary.Any interests do not have legitimacy and the business operators’ benefit behavior cannot be excused from administrative monopoly.Therefore,the beneficial business operators in administrative monopoly should take legal responsibility.This thesis discusses the legal responsibility of the beneficial business operators in administrative monopoly from the perspective of theory and practice.The thesis is divided into four parts.The first chapter summarizes the research background and significance.The second chapter start from the concepts and clarify the logical structure of the article by explain the concepts.The third chapter discusses the rationality that the beneficial the business operators of administrative monopoly should take legal responsibility from several aspects.It proves that the beneficial business operators of administrative monopoly should take legal responsibility,the fourth chapter discuss the types of legal liabilities that the business operators should take.Hoping to establish legal liability system not only to making the business operators will accept the consequence when they be punished,but also warming the public.Finally,in order to ensure the effective implementation of the legal responsibility of the beneficial business operators in administrative monopoly,a series of supporting systems should be established,including the fair competition review of the abstract administrative monopoly,the information disclosure system for the punished business operators andthe law enforcement system for the beneficial business operators of administrative monopoly.Through the establishment of a complete set of systems,it is hoped that the legal liability of the beneficial business operators of administrative monopoly will be eventually overcome. |
