Legal Regulation Of Administrative Monopoly In China

Administrative monopoly is the behavior that the government and its branches abuse power to disturb the economy illegally. Although the administrative monopoly, economic monopoly, natural monopoly, and country's monopoly have the same characteristics in some fields, they are definitely different. Administrative monopoly mainly has five forms: regional blockade; branch monopoly; administrative company monopoly; administrative constraint operation and administrative interference in enterprise integration.Administrative monopoly is so harmful that it breaches the open and united market, destroys the order of competition, brings bribery, harms the consumers' rights & interests, causes the waste of social resources, and leads to low efficiency of corporations. The reasons for the existence of administrative monopoly are complicated: The influence & bondage of traditional planned economy system; imperfect law restriction mechanism of government department's abusing administrative power; the driving of administrative benefits; widespread rent-seeking activities of some corporations, etc.The demand of market economy and the construction of country by law make it necessary to regulate administrative monopoly action effectively. It is the most important for us to regulate administrative monopoly by law. There are some successful legal regulation experiences abroad, which are worthwhile for us to use for reference, such as regulating administrative monopoly mostly by anti-monopoly law; regulating all the subjects of administrative monopoly, setting up an independent and powerful anti-administrative monopoly executive body, and so on. There are some legal regulations about anti-administrative monopoly in China, yet lots of defects exist, among which the defects of procedural remedy system and legal responsibility system are marked, and they are imminent to be perfected.In China, it is necessary and inevitable to set up a legal system of anti-administrative monopoly at the core of antitrust law. The legislation of administrative monopoly should use the separate model of antitrust law and anti-malfeasance law.The concept of administrative monopoly should definitely be defined in anti-monopoly law. Those who make administrative monopoly should fully be regulated in the law. To perfect the legal system of anti-administrative monopoly, it is necessary to set up an independent and powerful anti-administrative monopoly executive body. And also, we should perfect the finance & tax system and establish judicial review system to restrict administrative monopoly. The legal liability of administrative monopoly should include institutional liability and personal liability; criminal responsibility and civil compensation responsibility should be taken into consideration and adopted. Meanwhile, taking further reform in political system and economy system is also contributive to the regulation of administrative monopoly.