Study On The Legal Regulation Of Administrative Monopoly

The report of the 19 th CPC National Congress emphasizes that we should strictly prevent and control market monopoly,crack down on administrative monopoly,and balance the relationship between the market and the government in the allocation of resources.This undoubtedly shows the firm position of China in preventing and regulating administrative monopoly.There is no doubt that the regulation of administrative monopoly is an important part of China’s anti-monopoly law system.Taking effective measures to break the administrative monopoly can break the difficult problem of China’s economic development,improve the efficiency of resource allocation,correctly grasp the relationship between the market and the government,and maintain the order of market economic competition.Therefore,it is imperative to establish the administrative monopoly regulation system based on the anti-monopoly law.In our country "antimonopoly law" revised the anti-monopoly enforcement authority,merger,review system to establish fair competition under the new situation,this study focuses on the investigation and discussion at this stage of regulating administrative monopoly judicial and law enforcement present situation and existing problems,in order to perfect the anti-monopoly law,provide theoretical guidance to break the administrative monopoly.Based on the analysis of the basic characteristics and forms of administrative monopoly,this paper points out the difficult problems in the judicial practice of administrative monopoly in China and puts forward the corresponding suggestions to improve it by taking the cases of Swell v.Guangdong Provincial Department of Education as the object of analysis.First of all,based on the legal system,promote the construction of the rule of law,such as the fundamental position of competition policy and the fair competition review system;Second,establish and improve the anti-monopoly law enforcement system,give more authority to anti-monopoly law enforcement agencies,improve the information disclosure mechanism,and optimize the inter-regional competition incentive mechanism of anti-monopoly law enforcement agencies;Finally,the relief channels of the victims of administrative monopoly should be expanded,the legal liability mechanism of administrative monopoly should be clarified,and the integrated administrative monopoly regulation system should be formed,including the examination in advance,the supervision in the process and the relief after the event.