The Study Of Public Interest Litigation For Administrative Monopoly

The market economy system is transformed from the highly centralized planned economic system in our country. Under this background, the administrative monopoly which is known as an economic issue with Chinese Characteristics appeared at the beginning of establishing the market economy. In order to legalize this issue, A lot of researches has been done by scholars. Some of them argue that introduction of public Interest litigation system could control administrative monopoly to some extent.The public interest litigation for administrative monopoly is the lawsuit system which is filed by a qualified plaintiff who ask the count to judge the prosecuted government behaviors are illegal and correct them, when some administrative acts implemented by the local government or the competent department of industry caused a monopoly situation. The public interest litigation for administrative monopoly should be classified as the administrative public interest litigation. There is a close contact and a significant difference between it and the anti-monopoly public interest litigation and the consumer public interest litigation. The public interest litigation for administrative monopoly has the basic function of the lawsuit system, but also has a series of unique features.At present, the administrative monopoly in our country has a large harm and its development trend is diversity and hidden. There is a situation that lack of laws and regulations which control administrative monopoly in our country. Only some of the laws and regulations lack of corresponding system to ensure their effective implementation. It means that the government needs to establish the system of public interest litigation for administrative monopoly. Now, the social condition to establish the system of public interest litigation for administrative is mature in our country is ripe. And the development of public interest litigation in our country has made gratifying achievements. Combined with the successful experience of foreign administrative public interest litigation system is available for our reference. On this basis, the opportunity for our country to establish the system of public interest litigation for administrative monopoly is ripe now.On the basis of carrying out the basic principles include public interest priority the equality of the subject of litigation and reviewing of abstract administrative act, we should take the ternary system to set up the plaintiff qualification of the system of public interest litigation for administrative monopoly in our country and establish the scope of the system of public interest litigation for administrative monopoly. In order to prevent rampant litigation we need to establish a dual review process before litigation In the process of litigation. We also need to raise the rank of trial, establish the system of litigation jurisdiction which is the combination of designated jurisdiction and trial in other areas and establish the scientific system of the distribution of the burden of proof and reasonable legal costs. Finally, establish the system to supervise the execution of the judgment in order to guarantee the effect of the public interest litigation for administrative monopoly.