On The Anti-administrative Monopoly Position In The Antimonopoly Law

Problem of administrative monopoly in China in recent years, scholars of economic law a hottopic of common concern. A market economy requires government functions to achieve conversion,but in real life, the government intervention on market competition and undermine the power stillexists, the external manifestation of local governments and government departments rely onadministrative powers to cordon off the market, limit, exclude, hinder the market competition, andacademia called "administrative monopolies." Compared with the monopoly of economic,administrative monopoly is the fatal obstacle to building a market economy.In this paper, start with the basic theory of administrative monopoly, focusing on the specificanti-administrative monopoly of foreign systems and measures, and foreign anti-administrativemonopoly system of detailed analysis as a basis for analysis of China’s anti-administrativemonopoly causes, characteristics and hazards. Learn from successful experiences of foreignanti-administrative monopoly in China put forward a sound proposal. In my opinion, should bestrengthened to strengthen the legal responsibility for acts of administrative monopoly and improvelaw enforcement force; provides a unified and strong anti-administrative monopoly lawenforcement agencies; change the government’s idea; regulate government behavior, and to improveand strengthen legislation to prevent the administrative monopoly and relief.