Research On The Legal Regulation Of Administrative Monopoly

In China, establish a system of China's socialist market economic , in the process , administrative monopoly as a major obstacle. In the context of the anti-monopoly law, I explore in the previous studies on the basis of a historical analysis Methods of analysis and comparison with the status quo, this paper will be divided into three chapters on the administrative monopoly and its legal regulations on the issue.The first and second chapters describes the meaning of administrative monopoly, classification, causes and hazards. In the analysis of administrative monopoly academic different meaning on the basis of understanding, pointing out that the monopoly is an administrative authorities and the organizations mandated with the management of public affairs abuse of administrative power, the essence of which is to limit or destroy competitiveness, and prohibited by the anti-monopoly law. Based on the specific acts and the nature of the act , its classification is made. There are a large number of China's administrative monopoly , traced its root causes, both deep-seated reasons for the system, the Government and its relevant departments based on the interests and needs of excessive intervention in the market competition . By the traditional "official position" thinking of the impact, the Government can not be reconciled decentralization, administrative monopoly will inevitably produce. Administrative monopoly harms the other operators and the interest of consumers, and breeds of corruption and undermine the rational allocation of resources, impede the development of productive forces and undermine the socialist rule of law.Chapter III, study of the market economy countries and countries in transition administrative monopoly laws regulations, for our country, provide a legislative experience. And overview our owns. Market economy country's Antimonopoly Act is basically no longer the monopoly regulation. In the countries in transition from planned economy to market economy administrative monopolies often have a direct requirement. Its administrative monopoly regulation system is still in the early stages, there are still imperfect place. China and the economic developing countries in transition have a commonality of course, is the main draw on the legislative experience of administrative monopoly. China's current system of regulation and accountability mechanisms exist without intensity, the lack of proper means of relief inadequate.Chapter IV is mainly based on China's administrative monopoly laws, regulations, and its shortcomings, which is based on the recommendations. First, to strengthen the power to power constraints, and improve the supervision of the people's congress to administrative monopoly . Secondly, to strengthen the right to power constraints, constraints perfect relief ways to administrative monopolies. Finally, the strengthening of the legal constraints on the exercise of power, improve the system to regulate administrative monopoly of Economic Law, Administrative Law.