Study On Legislative Regulation Of Administrative Monopoly

Different from the west nations, the development of the market economy in China doesn't work up from the free competition to economic monopoly, but from administrative monopoly under planned economy system concentrating highly and the region partition to the market economy of the competition. In the transition from the planned economy system that highly concentrates to the market economy system, two kinds of systems would, at certain, had continued till this change completes. But these two kinds of systems interacting each other cause that some administration powers combined with the economic power by all means again, which thus creates the behaviors of administration monopoly. The existence of the administrative monopoly doesn't already agree with development of market economy in our country, and facing the existent administrative monopoly in our country is advantageous for us to discover problems, solve problems, and resolve the problem that domestic and international markets unify from the lawmaking. This is also the purpose of this selected works.In this article, the author from the angle of administrative law puts forward the suggestion to solve the administrative monopoly, which exists widely in social economic life. On the basis of analyzing different viewpoints about administrative monopoly, the author believes the solution of the problem needs a combined effort in many ways; nevertheless , the control of the law is essential. Because its essence is an illegal use of the government economic administrative power, so the solution of the administrative monopoly is a problem of administrative law. The author analyzes this and points out the role of uniformed anti-monopoly law is limited in regulating the administrative monopoly , then makes a suggestion that the control of the administrative monopoly should be based on scientific definition of the government economic function , then a law of anti-administrative monopoly law be regulated ; on the other hand , the related administrative law be perfected , such as permission system , the relief system , the legal responsibility system . Only in this way can the increasingly fierce administrative monopoly be eliminated.Based on the facts above, this article mainly takes the administrative jurisprudence as the angle of view, utilizes comparative analysis method, the real diagnosis analysis method, simultaneously unifies related content of discipline in administrative law, economic and so on to elementary theory, the present situation and the development tendency of the administrative monopoly legislation rules and regulations to conduct the comprehensive research, in the attention of union between theoretically rationality and the practice feasible disposition.The theoretic significance of the research is that it can enrich the content of the general theory of anti-monopoly law, which is generalized and abstracted from the system of anti-economic monopoly, for the dissertation focuses on not only fundamentals about administrative monopoly such as administrative monopoly's concept, main causes, essence and features, harmfulness, but also the system of anti-administrative monopoly in such reforming countries as Russia and so on, and the developed countries as US, England, France, Japan and so on. This kind of discussion and the inspection may make up former insufficiency of the anti-administrative monopoly law system in the anti-monopoly law theory. This thesis practical significance, mainly lies in the fact that it closely to relate the reality, for the realization the big decision policy design of party and the country about "breaks the department, the profession monopoly and the local blockade" has may the operational plan, and provide suggestions for the correlation department to formulate the concrete anti-administrative monopoly law system.The author believed that, to restrict administrative monopoly, our country should adopt a comprehensive method centered on the regulating of Administrative Laws, with other economic rules and regulations to restrict administrative monopoly. Specifically, the measures areas follows: formulates the new legal laws and regulations; further perfect and full display the function of existing law laws and regulations; perfect legal liability of administrative monopoly, and increases dynamics which holds responsible to the illegal activity; sets up the independent anti-monopoly law enforcement agency of authority.