The Conflicts And Legal Analysis Between Administrative Monopoly In China And The Wto Basic Principles

Administrative monopoly disrupt the market fair and free competition in order, impair the legitimate rights of the market main operators, as well as interests of consumers, interfere the reform of China's economic system and political system, the impacting of the operate in China's socialist market economy to be normal, orderly. Especially after joined the WTO, China must be based on fundamental principles and rules of WTO , gradually open its domestic market, and establish a international trade competition with fair and free. To be the WTO principles of MFN, national treatment principle, the promotion of fair competition and free trade principles and the principle of transparency of trade policies and regulations as a principle to establish a socialist market economy, as China's basic principles, establish rules consistent with the WTO legal system. However, the existence of administrative monopoly not only undermine the order of competition in the domestic market, but also directly affect the international trade fair market competition, and goes against the basic principles of WTO. Therefore , the regulation of administrative monopoly in China is not only the requirements of establishing a market economic system, but also enable China to adapt to WTO membership, the need to comply with WTO rules.In addition to the introduction and conclusions, this paper is divided into three parts.The first part is to study the causes and the harming of administrative monopoly in China. China's transformation from a planned economy to a market economy system, in this process formed administrative monopoly, is the historical reasons of administrative monopoly. After the economic reform today, the district administration office or department heads in the region in order to protect the interests of the operators to improve their "performance" has become the motivation generated by practical reasons of administrative monopoly. In addition, the administrative monopoly on the dangers of our society is enormous. Political monopoly of China's socialist market economy, contrary to the basic principles, undermining the market economy with free and fair competition in order to undermine the unity of the market, hindering the formation of a unified large market in China and reduce the economic benefits of the whole society, hinder the socialist economy development, and the infringement of our market, the main independent production, management, marketing rights, damage the legitimate rights and interests of consumers, the breeding ground for corruption and social trends in China's administrative and disrupt the country's administrative order, undermining China's economic system and political system reform . And contrary to the rules of administrative monopoly and the WTO is not conducive to China's fulfillment of WTO commitments.The second part is mainly for legal analysis conflict between administrative monopoly and the basic principles of WTO .Including conflict between administrative monopoly and the WTO MFN principle, administrative monopoly and the WTO principle of national treatment, administrative monopoly and the WTO to promote fair competition and free trade principles, as well as the conflict between the WTO principle of transparency of trade policies and regulations between the conflict. Profoundly expounded under the administrative monopoly the market order has been seriously distorted , it is an abnormal mode of resource allocation , it's a great evil for the construction of China's socialist market economy, , we must be regulated as soon as possible.The third is to explore some of the major request of WTO rules, China's legal response of regulate system of administrative monopoly. From the anti-administrative monopoly get four aspects : deepening the Reform , legislative, judicial and supervision, to put forward opinions on anti-administrative monopoly in China . And thus improve the competitiveness of China's market system and promote our country to fulfill the request of WTO rules to meet China's WTO commitment , adapt to a new requirements of development to establishing a socialist market economic system.