Research On The Legal Regulation Of Administrative Monopoly In Local Government Investment Promotion

Investment attraction activities carried out by local governments have always been an important way to promote local economic development,which is helpful to increase local tax revenue and fiscal revenue and promote regional economic development.It is conducive to the rapid increase of economic aggregate and the optimization of industrial structure.It is beneficial to increase employment and increase the per capita income of the local people.It helps to connect the economy of this region with other regions.However,in order to attract foreign investment,some local governments have violated relevant laws and regulations and formulated preferential policies that exclude and restrict competition,which constitute administrative monopoly and destroy the environment of free competition in the local market.At present,accelerating the improvement of the socialist market economic system is the core of China's economic system reform.In the process,we should follow the laws of the market economy,give full play to the decisive role of the market in resource allocation,reduce government intervention,and ensure the free trade and fair competition of economic subjects in the market envvironment.And local government investment promotion and capital introduction of implementation of administrative monopoly is to eliminate or restrict competition,with our country economic system reform in the direction of the back,it not only destroyed the local free competition market environment,and prevent the unity of the market order and harmed the sound development of market economy,so the local government in the investment promotion and capital introduction form the content of the administrative monopoly must be regulated,to build local good market environment for fair competition.Therefore,this paper attempts to improve the anti-monopoly law and its related laws and regulations,improve the fair competition review system,in order to effectively regulate the local government investment policies in the improper provisions that hinder the fair competition,accelerate the process of China's market economic system reform.This paper is divided into four parts:the first part is to explore the local government investment promotion activities of the necessity of the current situation analysis and regulation of administrative monopoly,the first analysis of the local government investment promotion and capital introduction to improper preferential policies and investment promotion and capital introduction improprieties constitute the negative impact of administrative monopoly,and then discusses involved in regulating local government investment promotion and capital introduction of the necessity of administrative monopoly;The second part is to sort out the current anti-monopoly law and its related laws and regulations on local government investment in the administrative monopoly of the legal regulation status,to analyze the existing problems;The third part is to study the relevant legal system of foreign anti-administrative monopoly,that is,foreign anti-administrative monopoly law and the relevant content of fair competition review system,and analyze the useful experience that can be applied to the regulation of Chinese local government investment behavior;The fourth part is based on the existing problems in the administrative monopoly legal regulation in the local government investment attraction,as well as the useful experience of foreign relevant systems,put forward suggestions to improve the relevant provisions of the Anti-monopoly Law of China and improve the fair competition review system.