Anti-administrative Monopoly Legislation Is A Comparative Study

In the process of establishing and improving the socialist market economy, Administrative monopoly has drawn widespread attention from all sectors of society. The study area of administrative monopoly has become one of the research frontiers of China's, contemporary economics and the focus of political and economic reforms. However the theoretical study of the problem of administrative monopoly in China has a lot of room for improvement. Both in terms of the concept and definition, and the rationality of the administrative monopoly on the discussion, there are great differences. Since the research perspective and methods and some other reasons, the issues related to the administrative monopoly have not been given a full explanation, particularly on the issue of administrative monopoly regulations. Therefore, the issues of regulation of administrative monopoly in-depth study and discussion with a strong theoretical and practical significance have been conducted in this paper.Administrative monopoly not only exists in China but also some other economic structural reform countries, even those western countries whose market-oriented economy are highly developed. The controlling of administrative monopoly in these countries is regulating counter-administrative monopoly behaviors. Through the scientific research method of theory and practice, and comparative analysis, this dissertation makes a comparison between Chinese and foreign counter-administrative monopoly legislation in the aspects of the conduct of government in counter-administrative legislation, the manifestation of counter-administrative legislation, law enforcement agencies of counter-administrative monopoly and legal liabilities of administrative monopoly, and thus proposes personal detailed opinion on the construction of our country's counter-administrative legislation system. Besides introduction and conclusion, this dissertation consists of four parts:The first part of introduces the conduct of government in counter-administrative legislation. This part is about when the government agencies involved in economic activities can be regarded as acts of enterprises, that is, what kind of government conduct can be exempted from the anti-monopoly law, and what kind of government conduct is about to apply the competition rules as corporate activities.The second part is the manifestation of counter-administrative legislation in different countries. The paper lists some critical Legal provisions to administrative monopoly in anti-monopoly law, including the economically developed countries and those which are in period of economics transition, and China recently promulgated the "anti-monopoly law" on the part of administrative monopolies, were reviewed.Part four introduces the comparison of counter-administrative monopoly law enforcement agencies. Because of the specialty of trade monopoly, this part makes comparison only in the enforcement agencies of counter-trade monopoly. As for the enforcement agencies of non-trade administrative monopoly, the overseas agencies are more authoritative and powerful, while our county's agencies are relatively weak.Part four is the comparison of administrative monopoly liabilities. This part makes comparison among the regulations of administrative monopoly legal liabilities stipulated by counter-monopoly law in different countries. The legal liability of administrative monopoly made by foreign countries includes civil liability, administrative responsibility and legal responsibility while our country mainly regulates the administrative responsibility, which is extremely are not suited to the danger of administrative monopoly.