Legal Regulation Of Administrative Monopoly

Administrative monopoly is a kind of illegal monopoly which should be regulated by law. The author elaborates the basic problems of the administrative monopoly, the theoretical bases of regulation, the experience of the developing countries such as Russia, Ukraine, at last the author puts forward some suggestions on how to improve the regulation.In the first part, the author analyses the basic problems of administrative monopoly such as concept, types, consists, and reasons. On the basis of analyzing many different concepts of "administrative monopoly", the author believes that the administrative monopoly is the illegal behavior of the administration and the other social organization use the administrative power to damage normal market compete and essentially restrict the normal market compete in some fields. After that, the author analyses the relations and distinctions between administrative monopoly and economic monopoly, between administrative monopoly and state monopoly, between administrative monopoly and industries monopoly. The types of administrative monopoly include four kinds such as regional blockade, industry monopoly, compelled bargain, etc. By analyzing the types of administrative monopoly, the author agrees that the constructive elements of the administrative monopoly include the subject element, the subjective element, the object element and the objective element. There are four main causes that make administrative monopoly appear and develop rapidly, the government's intervention is the consciousness basis; unreasonable distribution of interests is the economic basis; the dispersed administrative enforcement is the legal basis; the absence of the law system is the system basis.In the second part, the author finds the theoretical foundations of regulating the administrative monopoly. From the free competition angle, the free competition can reasonably distribute recourses, can improve the technology and so on, but the administrative monopoly destroyed the free competition and prevents the formation of united market all over the country and prevents the normal development of Chinese international trade; from the social whole efficiency angle, the high efficiency includes not only single efficiency but also the social whole efficiency, but the administrative monopoly reduces the effectiveness of the resource and waste many resources; from the social fair angle, the economic development...