Research On The Legal Liability Problem Of Administrative Monopoly

The interaction between administrative power and economic operation has a lasting impact on the market competition environment.Administrative monopoly has existed for a long time in China,which is an illegal act regulated by the Anti-Monopoly Law and has been widely concerned by Chinese people.At present,the subjects regulated by the Anti-Monopoly Law against administrative monopoly behavior include not only administrative organs at all levels of the country,but also various organizations authorized by laws and regulations to manage various public affairs activities of the society,which stipulate their legal responsibilities for disrupting the market competition order in the market,but the responsibilities of beneficial operators arising from administrative monopoly are not sanctioned,ignoring the existence of this subject.According to the Regulations on Optimizing Business Environment issued by the State Council in 2019 and the Revised Draft of Anti-monopoly Law(Public Consultation Draft)issued by the General Administration of Market Supervision in 2020,the author,based on the research results of existing scholars,studies and analyzes the main body of the beneficiary operators of administrative monopoly and their legal responsibilities under the situation of administrative monopoly by sorting out and analyzing historical data and documents.This paper is divided into four parts:The first part is the basic concepts of administrative monopoly and beneficial operators of administrative monopoly.Firstly,the administrative monopoly is introduced and analyzed,and then the concept and scope of beneficiaries of administrative monopoly are identified.The second part is the causes and performance of the beneficiaries of administrative monopoly.Combing the reasons for the formation of beneficiary operators and their different forms of expression.The third part is the necessity and system status of the benefit of the legal responsibility of the benefit operator,first analyzing if the different types of administrative monopoly benefits,the legal responsibility should be taken,and the necessity of responsibility is to be taken;and introduce the current benefit operator.The lack of legal liability system,the illegal act of benefiting operators should be punished,but also lack of relief mechanisms for similar competitors.The fourth part is to improve the legal liability system of administrative monopoly benefits.The current "anti-monopoly law" does not regulate the illegal behavior of benefit operators,but to pursue its legal responsibility,we must first determine that there is a relationship between the administrative subject;secondly,cut off this connection between the two,that is,the most powerful countermeasure is to regulate the occurrence of administrative monopoly;finally pursue the legal responsibility of the benefit operator,to a certain extent,to maintain and maintain a fair market competition order,and promote my country’s economic growth.