On The Legal System Of Anti-administrative Monopoly

Characteristic of the market economy is a fair and orderly competition. Administrative monopoly can be simply described as a monopoly of executive power carried by an administrative body and its affiliated departments to exclude restrict or impede the legitimate competition between enterprises, which resulted in a certain monopoly in a market. It hindered the development of market economy, damaged the interests of SMEs and consumers。Facing the administrative monopoly, the market self-regulation can not be fully realized, and facing the market failures, only the state laws and regulations through active intervention can restore the market's healthy and sustained development. How should we regulate the administrative monopoly? This issue remains the need for intensive study.The purpose of this paper is on the basic theory of the administrative monopoly and on the developed market economies, combined with our laws and regulations on the status of administrative monopoly regulation, and comparative study of foreign legislative experience against administrative monopoly on China's anti-monopoly law system of the administrative suggestions. The article is divided into four parts: Part I, by defining the concepts of administrative monopoly and genetic analysis shows that the performance of the type of administrative monopoly and its harms; part II is the analysis of the existing laws and regulations on the status of administrative monopoly regulation; part III is the anti-administrative monopoly results of a comparative analysis of the legislation of the United States, Japan, Russia and other countries ; part IV is the reality, anti-monopoly law enforcement agencies from setting the legal responsibility to set the angle of countermeasures, etc., to improve the legal system against administrative monopoly .