On The Legal Regulation Of Administrative Compulsory Transaction In China

With the development of the theory and practice of administrative monopoly,the administrative monopoly implemented by the type of regional blockade has been effectively regulated.However,the current administrative monopoly has gradually evolved into a more concealed enforcement of administrative compulsory transactions.In the past,the theoretical and practical research on regional blockade has been unable to meet the needs of effective regulation of administrative compulsory transactions.Now it is time to study the legal regulation of administrative compulsory transaction.In order to achieve the expected regulatory effect,the most important thing is to constantly improve the legal liability system and legal remedies.The implementation of administrative compulsory transaction requires the administrative action of the administrative subject and the operation action of the designated operator,both of which are "complementary" and indispensable.Therefore,it is of great significance to appoint additional operators as the subject of administrative compulsory transactions.In order to determine the applicability of specific sanctions,we should distinguish the subjective positive and the subjective negative designated operators.Only the anti-monopoly law is difficult to curb the administrative compulsory trade,and it also needs the cooperation of other department laws.The essence of administrative compulsory transaction is that the administrative subject abuse administrative power to infringe upon public interest,so it is feasible to bring administrative compulsory transaction into the scope of administrative public interest litigation.This can not only increase the relief way of the injured subject in the administrative compulsory transaction,but also supervise the legal exercise of the power of the administrative subject by the procuratorial organ on behalf of the public welfare.Besides the introduction and conclusion,this paper consists of three parts.The first part combs out the concept and constituent elements of the administrative compulsory transaction,and analyzes the causes of the formation of the administrative compulsory transaction and its harm to the society.The second part analyzes the deficiencies of the current laws and regulations through collecting the legal norms and practical cases of anti administrative compulsory transactions.In the third part,on the basis of summing up the experience of anti-monopoly in our country,we draw lessons from the foreign theory and practice experience,and make suggestions on the improvement of the legal regulation of administrative compulsory trade from the aspects of increasing the subject of responsibility,enriching the forms of responsibility and increasing the relief ways of administrative compulsory trade.