On The Regulation Of Anti - Monopoly Law Restrictions On The Local Government Act

The Limit competition action of local government is normal in the world, especially in China. This action means the local government and some departments which belong to the government use the Administrative authority involve in the field of microscopic economy and limit the market in order to hind the market competition. It seriously obstacle the healthy development of the market and violate the principle of antimonopoly law, so it should regulated by the antimonopoly law. Through the definition of the limited competition action of local government, this article inducts the basic features of it and state the necessary and possibility of the regulation. After the comparative analysis between the administrative law and the judicial relief and combine the unique features of the local government's limited action, it advocates the point of the adoption of the administrative law enforcement. It also advocates the point of exemption of sanction in money through the consideration of the responsibility of local government's limited action of various countries and the features of local government. Finally, it decomposes the narration for the system of our country's regulation of the local government's limited action: to setup the exemption of sanction in money, to explicit the norm of administrative sanction, to introduce the system of responsibility for the sanction of criminal activity; To define the way of regulation under the combination of administrative law enforcement and administrative intervention; To build a independent, authority and professional executive department of antimonopoly law, to setup the branch in area and explicit their norm of responsibility .