The Judicial Regulation Of Administrative Restriction Of Competition

Administrative restriction of competition as an administrative act, the economic behavior arguably reflected not only because of its qualitative aspects, but also reflects aspects is to regulate it. To restrict competition on the administrative judicial rules of conduct should first clear the nature and character of the act, once the economic circles of Fangmian Suo Jiangtiao the characteristics of the economy remain, we should be more emphasis on the administrative features and possessed . Administrative action should be subject to judicial control and power constraints, so the administrative restriction of competition is also subject to judicial rules should be. Currently, limited competition for administrative judicial relief brought most of the settlement are not successful, and most of the cases were dismissed at the building stage, which requires us to existing laws and regulations for analysis, as such cases find appropriate and effective legal basis for the admissibility and the trial of such cases in future. In view of this, administrative restrictions, this paper acts of nature and characteristics of competition after the analysis, that the judicial rules of conduct of the act is feasible for, and inevitable for Qu Shi. Although the existing legislation or system was not yet perfect, but we can on the existing laws and system of study and reflection, as the administrative restriction of competition in the judicial rules to find a new way, in the legal regulation of respect to the administrative restriction of competition to legal support. Based on the research and writing process, relying on a variety of theoretical research results, combined with some of overseas experience, mainly in our country in recent years the typical case, analysis and comparison, access to laws and regulations and the related theoretical analysis, the final conclusions are obtained . Finally the conclusion is that China's administrative restriction of competition should also be subject to judicial rules. Indeed, the current legislative and judicial are still many shortcomings, combined with practical analysis and discussion, to the administrative on the existing theoretical propositions restricting competition acts up and improvement.