A Study On The Judicial Review Of Administrative Monopoly

October 22,2015,the Supreme People's Court issued a typical case of economic administration of the people's court,the first case of "Nanjing Newers Energy Co.,Ltd.Nanjing Jiangning District People's Government Administration Decision" and the third case "Danyang City Erling Town,Hongrun supermarket v.Danyang City Market Supervision Administration administrative registration case "are involved in the administrative monopoly of the typical cases."Administrative monopoly refers to the administrative organs abuse of administrative power,illegal to raise the threshold of market access,illegal designation of specific enterprises engaged in specific business,illegal conditions to restrict other enterprises to participate in competition and other acts."It has weakened the social gap between rich and poor;and led to government rent-seeking,rent-prone behavior,the breeding of social corruption,the image of the government inside and outside the government,the market competition mechanism,Resulting in greater damage and adverse effects.China's "anti-monopoly law" and "anti-unfair competition law"and other laws are banned.Since the administrative monopoly has been made,there are few articles in the academic circles,but the theory of regulation focuses on the discussion of legislative oversight,the internal regulation of the administrative organs and the ineffectiveness of law enforcement.There are also part of the judicial review,but most of the discussion of the type of litigation,discussed the structure of the judicial review of the less,so leading to the judicial defense of the last line of defense has become a weak link.Therefore,the author tries to analyze the administrative monopoly referee case in the past five years by reviewing the information,and the judicial review framework of the administrative monopoly case,so as to create a fair competition market order.In addition,the new administrative procedural law stipulates that the administrative organs of the abuse of administrative power and then limit or exclude the behavior of competition is the scope of administrative proceedings.The administrative monopoly acts as an administrative offense to adjust,for the rights of citizens,legal persons or other organizations to bring administrative litigation provides a legal basis.Based on this background,this paper studies the judicial review of administrative monopoly by using investigation method,comparative research method,literature research method,empirical research method and summary induction method.This paper is divided into six chapters,The first chapter introduces the purpose,significance and research status of this paper,laying a foundation for writing later.the second chapter through the administrative monopoly concept of discrimination,recognize the real economic development The content and nature of the obstruction caused by the obstruction of the administrative monopoly of the classification of administrative litigation to resolve the scope of the division of the problem,a clear contradiction point of aggregation.At the same time,to clarify the reasons for the formation of administrative monopoly in the later judicial relief to seize the key points.Chapter 3 analyzes and analyzes the cases of administrative monopoly referees in the past five years and the cases investigated and dealt with by the NDRC.It analyzes the types of cases,the level of trial and the number of wins.Through the analysis of the problems existing in the internal regulation of the government,it puts forward the importance of judicial review.The fourth chapter introduces some problems in the judicial review of administrative monopoly in our country at present,such as abstract administrative action because it has no specific object,so it is difficult to be regulated in daily life,and its subject level is relatively high.Administrative reconsideration and other means difficult to effectively monitor.Therefore,through the judicial review of the way can be more effective solution to the problem,but the practice of long-standing legal basis is not clear and the lack of the main responsibility and other issues.The fifth chapter is about the administrative monopoly of the judicial review of the author's own recommendations.Through the establishment of the Court of Appeal,the analysis of the qualifications of the parties,the burden of proof and the legal responsibility of the elaboration of the establishment of the basic administrative monopoly of the judicial review mechanism and legal framework.This paper studies the administrative monopoly problem from the aspects of the legislation of the anti-administrative monopoly,the internal operation mechanism and the content of the enforcement of the administrative organs,and fully solves the problem of administrative monopoly,and also a free environment for the development of the market.The sustained and healthy development of the economy.