Study Of Administrative Monopoly And Its Legal Regulation

Chinese market economy comes from traditional and highly centralized planned economy. So the question of monopoly is mainly administrative monopoly. Some scholars have studied it for a long time. On the base of their studies, this dissertation analyzes administrative monopoly and legal regulations with three chapters.The first chapter concentrates on concepts, types, causes and harmfulness of administrative monopoly. Base on the analysis of different attitudes of scholars to administrative monopoly, the author points out that administrative monopoly is a behavior rather than a situation. The administrative monopoly is the product of local governments and their affiliates administrative right abuse, which in fact destroy the fair competition.Because of the complications of administrative monopoly in real life, the administrative monopoly is mainly classified by concrete performance form of behavior, nature of behavior. The administrative monopoly in China roots from structural reasons. One of them is that the local government driven by local economic benefit usually interferes fair market competition. Administrative monopoly usually destroys the competition and union of market, leads to corruption, accelerates the condition of combination of government and enterprise, obstructs the connection with the international market. The administrative monopoly is unavoidable dues to the local governments against power limitation.The second chapter investigates and analyzes general situation of administrative monopoly law regulation of market economic country and transformed country, which provide us with legislative experience. In the early days of economic development, administrative monopoly functionsas a protection in some market economic countries, at the same time there are unfavorable influences. With the development of free economy, it calls for breaking the administrative monopoly. There is administrative monopoly in transformed countries, and there are directly regulate the administrative monopoly, but it is in its early time and has many defects.There are similarities between the transformed countries and our country, so we can absorb the experience of theirs, layout all kinds of concrete performances of administrative monopoly, and regulate abstract administrative monopoly performance .We can thinking about to draft a comprehensive antimonopoly law.The third chapter mainly introduces the condition and defect of legal regulations of administrative monopoly, and put forward suggestions base on this introduction. The author analyzes different scholars attitudes and makes conclude that we should draw up content of administrative monopoly in antimonopoly law. Then the author layouts legal regulation of administrative monopoly in our country briefly, points out its defects and puts forward suggestions of legal regulations of administrative monopoly of our country. We should strengthen legislation of administrative monopoly, draw up strict legal responsibility, consummate approach of relive, add the regulation of exemption of administrative monopoly establish the legislative review system of administrative monopoly, and strengthen the independence and authority of antimonopoly executive department.