Study On Legal System Of Administrative Monopoly

After decades of development and economic reform, China gradually shifts from the past plannedeconomy system to market economy system, and is integrated into the global economy. Opportunities forcitizens to participate in economic activities are equal, at the same time the awareness of equal participationin market competition has also gradually increased. However, the contradiction between the legitimatemarket competition and administrative monopoly is growing, which became a major obstacle to sustainableeconomic development and optimization of economic structure. At this stage, we should first solve the realproblem, that is to promote the formation of the domestic unified market and break the monopoly barriers.So, it should be as soon as possible to regulate administrative monopoly, which is an important issue thatneed to be resolved.Fair competition is the sole and core of the market economy, administrative monopoly is an illegalactivity that the government departments use the force to eliminate and restrict competition for pursuingeconomic benefits, this activity destroys the normal market competition relationship, and brings seriousharm. At present, market economy system in our country is not perfect, administrative power is notcompletely quit the market economy, the existing law can not restrict the administrative powers, it’s easy tolead administrative monopoly growth. Administrative monopoly caused the destruction of the competitionorder, prevent economic efficiency increase, destroy the economic freedom, at the same time causecorruption, influence the credibility of the government, and the damage social fairness and justice, and italso hindered our integration into the process of economic globalization. If don’t clear about administrativemonopoly phenomenon, the market economy cannot developed healthily and orderly.Academic research on administrative monopoly is more involved in sector monopolies; trademonopolies, anti-monopoly law, etc and have achieved good results. Also, there is a big gap between theory and reality, our administrative monopoly has a certain characteristics, its control can’t completely copyother countries pattern, and should be based on the actual condition of our country. Meanwhile in the firstyear of “十二五”, government pay more attention to the people’s livelihood, set up the faith government,strengthen the study on administrative monopoly, and enhance in legal aspects, this is a great significanceto improve our country’s political and economic system, promote economic development rapidly.Chinese Antimonopoly Law has been performed, because our country system has some weaknesses,this law still does not prohibit administrative monopoly completely, many real problems can’t be solved onan Anti-Monopoly Law, and the Law still have some disadvantages. This paper starts from the general legalprinciple of administrative monopoly, and then analyzes the breakthroughs and the deficiencies of existinglaws, the experiences abroad, and based on China’s national conditions and practices, finally put forwardspecific measures and solutions to improve our country’s anti-administrative monopoly legally.