The Research On The Setup Of Anti-administrative Monopoly Institution In China

Due to the special political system and economic structure in China, seriously speaking, the obstacle to the setup of good economic regulations is not economic monopoly but administrative monopoly. The law of Anti-monopoly in China has some rules to regulate administrative monopoly, but in order to enforce the rules effectively, the perfect institution and procedure are indispensable. Nowadays, there are many problems existing in Anti-administrative monopoly enforcing aspect in China, such as, the dispersion of the enforcing power; the lower rank of authority, the bad qualification of the officers and so on. Then the administrative monopoly can not be restrained effectively. Therefore, through historical research, comparative research and case research etc, this thesis researches the problems of the setup of Anti-administrative monopoly enforcing institution in China and proposes the advices.Firstly, introducing the research necessity, the researching findings in the field of Anti-administrative monopoly, the basic information of administrative monopoly, such as, the definition, the characteristics, the classifications, the reasons and the harm. Secondly, through researching the features of Anti-monopoly enforcing institutions: independent, professional, powerful and judicial. We can see that the institution of Anti-administrative monopoly should have higher authority than the administrative institutions'and be more powerful than them, the members of this special institution should have high qualification. From comparing the Anti-administrative monopoly institutions in the main foreign countries, such as, Antitrust Division of the Department of Justice and Federal Trade Commission in America, Cartel authorities in Germany, Fair Trading Commission in Japan, etc, these institutions'names and features are different, but they all embody these characteristics: independent, professional, powerful and judicial. Their experience is worthy of learning. At present, there are three institutions in China have the authority to restrain administrative monopoly, they are Administration For Industry and Commerce, Development and Reform Commission and Departments in charge of industry. By analyzing their function and authority, we can see there are many problems: the dispersion of the enforcing power; the lower rank of authority, the bad qualification of the officers and so on. Finally through analyzing the problems existing in Anti-administrative monopoly institution, drawing lessons from experience of foreign countries, and combining the special conditions in China, we should set up an independent, powerful, professional Anti-administrative monopoly institution which consists of professional members and has legislative power, administrative enforcement power and judicial power.