The Research On Anti-monopoly Law's Regulation For Administrative Monopoly

In our country, government using administrative power to exclude and restrict competitive practices, is usually being known as "administrative monopoly." Administrative monopoly has much harm. For economy, administrative monopoly restrict competition and impede the formation of a unified national market, resulting in inefficient resource allocation and social welfare loss, is a serious impediment to economic reform goals. Again, administrative monopoly is directly harmful to the legitimate rights and interests of other operators among the competence between they and the protected enterprises ,but in the long run, it is also a damage to the protected business. Followed by , administrative monopoly undermines the interests of consumers. In addition, the administrative monopoly in politics destroyed the reputation of some of China's administrative organs, because it is also easy to cause breed corruption, so it is a serious impediment to political reform goals.The administrative monopoly's harm before is also a serious impact of today's China's socialist market economic system, not ever its establishment but also its improvement .In the twenty-first century, China is being in the market-oriented economic reform crucial stage, so we even don't allow the problems related to economic and social contradictions's being caused by administrative monopoly and its regulation ,so we must properly regulate it. .How to regulate it ,which is the question many scholars pay attention to. After comprehensive comparison among many methods, there is being a comparative ripe theory, which is Administrative monopoly is an illegal monopoly, the monopoly must be controlled through legal means. To this end, we must establish a Basic Law. On the August 1, 2008, the anti-monopoly law put into force hold on this task. In Anti-monopoly law, the law makers put a lot attention on the administrative monopoly stressing the importance of regulation of administrative monopoly. But there are still a lot of shortcomings about administrative monopoly's regulation in the" Anti-monopoly law ".This article is intended to put forward better advice, basing our national conditions, by analyzing the existence status of administrative monopoly in China to find its inadequacies ,in the light of the developed market economies and other countries economies in transition's anti-monopoly law's regulation to administrative monopoly ,with a view to anti-monopoly law can better regulate administrative monopolies.This articles can be divided into four parts. The first part is the base of the whole text, to clear the concept of administrative monopoly, nature, kind ,damage and so on, through the analysis of the basic theory of administrative monopoly, and then make out that anti-monopoly law have need to regulate administrative monopoly ,according to its existence of in China, analyzing from two aspects. The second part describes the administrative monopoly of foreign regulation of the practice, summers up the enlightenment, which comes from his mature theory and advanced legislative experience, connecting our condition, adopting their good aspects, abandoning their bad aspects. The third part, basing on reality, reading anti-monopoly law's provisions of regulation on administrative monopoly carefully ,base on reality and try to identify its shortcomings. The 4th part is the end of the paper , after comparison and reflection, the author puts forward the principle that China's "anti-monopoly law" should uphold in the setting of anti-monopoly enforcement agencies in the executive system, and then, under the guidance of the principle, continues to put forward a sound idea of the setting of anti-monopoly enforcement agencies in specific system , as well as the legal responsibility of anti-administrative monopoly .