Regulation Concerning Maintenance Of Monopoly Interest Of Abstract Administrative Action

System monopoly companies with the process of planned economy turning into market economy, it arises in the planned economic system, and system monopoly kept changing under a tide of reform and opening up in China, in the mutation among the progressive dilemma, as the improvement of the socialist the market economy, the conflict between the system monopoly and market economy arises from the remnants of China's planned economic system, the occasion of reform and change of legal system, system monopoly would exist for a long time, it has the advantage of maintaining economy security and realize economy, however , it might be the tool of administrative monopoly, harming market order. Under certain circumstances, especially in the first stage of"anti trust"being carried out, many problems need to be solved, such as how to regulate system monopoly, on the premise of preventing system monopoly from harming the competition order of market economy,. This is the main point of this article, the article is divided into five parts.The fist part finds out the problem of enforcement of"anti trust"by analyzing the first case of anti-monopoly and relavent cases, the forms of system monopoly have been itemized, the adverse effect and cause have also been analyzed.The second part analyses the process of producing, development, change of system monopoly from the perspective of history. This part analyses the cause of system monopoly, and puts it in the circumstances of opening up.Uses the theory relied on by Nose, analyses the cause, motive, and direction of development of the revolution of system monopoly from three different paths: remanet of planned economy, change of legal system, and this part uses the Granovetter built-in theory and put system monopoly in the circumstances of development of economy of China to sum up its success and failure in history.The third part compartmentalizes general concepts by using the way of analysis of reason in society science as a tool to the common and difference between system monopolies. System monopolies are divided into proper system national monopolies which is based on public interest, misused system national monopolies which deprives proper rights and system administrative monopolies which is illegal. All the categories have been analyzed in the part.The fourth part divided system monopolies into two categories based on the meaning and function in history of different system monopolies: lawful and unlawful. As to lawful system monopoly, we need to maintain it by legislation, and exert the function of protect public interest, realize economy, increase the efficiency ; as to unlawful system monopoly, we need to regulate it by corporation of legislature, judicature and administrative, the way of the enforcement of law need to be transparent by legislation, all the interest need to be exchanged in the process of legislation by hearing process. So we might achieve harmonization.