Study On Administrative Monopoly Litigation

Since ideas about the concept of planned economy or do not have a mature market conditions, In China’s market economy development process, the main force to restrict competition is not from the enterprise, but an administrative authority. Administrative monopoly is the administrative body abuse of administrative power to eliminate or restrict competition. Economic life show us that compared with the market monopoly, harmfulness of administrative monopoly potentially bigger, damage of the market economy is also larger, more needs to do to prevent and combat it. Thus, anti-administrative monopoly is the basic task of market economy countries, it is also an urgent task of China’s anti-monopoly law. Administrative monopoly lawsuit is an effective way to regulate administrative monopoly. Through the test of practice as well as foreign anti-monopoly lawsuit theory and the investigation of administrative practice, It can be concluded that the use of judicial power to supervise the executive power has natural rationality. However, due to our current theory and practical experience accumulated on administrative monopoly proceedings are serious deficiencies, leading to the development of anti-administrative monopoly lawsuit is not enough. This article from the specific issues faced by our country administrative monopoly lawsuit is trying to improve Chinese administrative monopoly litigation system and trying to study foreign-related provisions of the system. Analysis of the feasibility of the use of the way of administrative monopoly litigation to regulate administrative monopoly, noting regulation of administrative monopoly can not pursue the refinemented "anti-monopoly law," and additional law enforcement agencies, but should improve the existing regulatory mechanisms.Administrative monopoly lawsuit as a mechanism for judicial relief has advantages of making up traditional regulatory mechanisms, providing superior system security, saving social resources and so on. Protection of national policy, the new "Administrative Procedure Law" and other changes provide a realistic opportunity to improve the administrative monopoly litigation system. Currently, administrative monopoly litigation encountered several specific problems to be solved. In Judicial proceedings,the scope of the case, the plaintiff qualifications and illegal review are the basic three elements of a litigation. This article pointed out that China ’s Administrative Litigation need to resolve the first question is the suability of abstract administrative monopoly. Lot of administrative monopoly is carried out by a way of abstract administrative monopoly, "Administrative Procedure Law" clearly defined that the abstract administrative action can be in judicial review only when it is collateral reviewed with a specific administrative act but can not be filed separate administrative proceedings. It is the main reason of difficult to initiate administrative monopoly cases. Second question is the law review standards of the court. The current "Administrative Procedure Law" provisions about the standard of review of administrative cases can not regulate substance illegal or legal but unreasonable administrative monopoly. Third question is the plaintiff qualification. The possibility of establishing anti-administrative monopoly public interest litigation and who have the right to take part administrative monopoly public interest litigation as a plaintiff also need to be addressed. Fourth, the problem about legal responsibility of administrative monopoly. "anti-monopoly law" provisions of higher authorities to make corrections to curb administrative monopoly can not achieve results. On the basis of the issues raised,this article provide some suggestions on the improvement of administrative monopoly litigation. Fist suggestion is that part abstract administrative monopoly action should be included in the range of administrative litigation; Second, we should absorb the principle of reasonableness review; Third, we should clear plaintiff qualifications of administrative monopoly proceedings and establish administrative public interest litigation; Fourth, we can increase the punitive damages system in executive responsibility. The introduction of the punitive damages system will increase the illegal cost of administrative authorities so that effectively curb administrative monopoly actions.