Study On The Legal Regulation Of Administrative Monopoly In China Under The New Situation

In October 2017,General Secretary Xi Jinping pointed out in his report to the 19 th National Congress that breaking administrative monopolies,preventing market monopolies,making the market play a decisive role in the allocation of resources,and better exerting the role of the government have demonstrated the determination to break administrative monopolies.To clarify the relationship between government and market in the course of market economy development,we must break the administrative monopoly.The People’s Republic of China Anti-monopoly Law(hereinafter referred to as "Anti-monopoly Law")has been implemented for more than ten years,and the call for curbing administrative monopolies has also been rising.However,unfortunately,administrative monopoly acts have continued to be banned.With the deepening of China’s reform and opening up,the problem of administrative monopoly has become more and more prominent,hindering the unification and fair competition of our market,so that we have to think about the reasons.Whether the anti-monopoly legislation can not adapt to the new form of market economy development or whether the anti-monopoly enforcement system has problems.On the occasion of the tenth anniversary of the promulgation of the Antimonopoly Law and the first major revision,and the formation of the State Administration of Market Supervision and Administration by the "three in one" anti-monopoly law enforcement agency,This paper intends to study again the administrative monopoly regulation after the emergence of new economy,the competition policy foundation and the fair competition review system,in order to improve the anti-monopoly law and effectively curb the administrative monopoly.The first part briefly summarizes the administrative monopoly under the new situation.Firstly,it clarifies what’s the administrative monopoly with its political and economic hazards and the reasons behind it.Secondly,based on the emergence of the Internet platform,it analyzes the connotation of administrative monopoly.On the basis of this,the paper mainly expounds the influence of the new situation on the administrative monopoly regulation and the changes of the administrative monopoly regulation.The second part,on the basis of the analysis of the characteristics of administrative monopoly,describes the objectives of the administrative monopoly regulation in China under the new situation.According to the characteristics of the long-term,universality and diversity of administrative monopoly,the regulatory objectives of administrative monopoly are formulated.From the perspective of maintaining the market freedom and fair competition order,if the administrative monopoly is not effectively regulated for a long time,it will not be conducive to the technological innovation and progress of the market entities,destroy the market competition environment,and directly lead to the low economic efficiency of our country.From the perspective of clarifying the relationship between the market and the government,the effective regulation of administrative monopoly is an important part of promoting the market to play a decisive role in the allocation of resources,defining the boundaries of government power,and promoting the modernization of the National governance system.The third part mainly analyzes the current situation and the shortcomings of administrative monopoly regulation in China under the new situation.Before analyzing the current situation of regulation,the author first analyzes the existing problems of administrative monopoly regulation in terms of legislation and law enforcement.In terms of legislation,there are some problems such as unclear regulation of administrative monopoly,Lack of coherence with competition policy,insufficient liability,severe liability and inadequate relief measures in our country.Some problems have not been solved after the establishment of fair competition review system.In law enforcement,the information disclosure of the anti-monopoly law enforcement agencies in China is not comprehensive and timely,the law enforcement lacks transparency,the law enforcement is not strict and the law is not committed,these are the reasons why the administrative monopoly problem can not be effectively contained.In addition,after the integration of the anti-monopoly enforcement agencies,it will face new anti-monopoly enforcement issues based on institutional integration.The purpose of boldly questioning these issues and carefully seeking evidence will be analyzed in order to achieve a preventive effect.The fourth part mainly studies the relevant practices of administrative monopoly regulation in typical foreign countries in order to draw effective experience from it.Having studied,inter alia,the practices of the more developed United States,the European Union and Russia,which are also in a period of economic transition,and drawing three lessons from these representative countries,That is,the administrative monopoly regulation should establish a strict administrative monopoly liability system while broadening the scope of the administrative subject and the administrative monopoly adjustment,and giving the antitrust enforcement agencies extensive powers.The fifth part puts forward some suggestions on the effective regulation of administrative monopoly in China.Firstly,starting from the legal system,the basic status of competition policy is ruled by law,the fair competition review system is incorporated into the legislation,and a strict exemption system is established.The effectiveness of administrative monopoly regulation is guaranteed from the legal system level,which lays the foundation for anti-administrative monopoly enforcement.Secondly,we will improve the enforcement system of anti-monopoly law,clarify the anti-administrative monopoly enforcement power of anti-monopoly enforcement agencies,strengthen the transparency of enforcement and the timeliness of information disclosure,and establish a competition incentive mechanism for anti-monopoly enforcement agencies in the region.We will strengthen administration at the law enforcement level and ensure the effective implementation of the Antimonopoly Law.Finally,the author proposes to perfect the legal liability system of administrative monopoly,to clarify the relief way of the victim of administrative monopoly,to provide the perfect afterwards relief for the victim of administrative monopoly,so that the regulation of administrative monopoly can achieve the perfect effect of pre-examination,supervision,and post-relief.