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The Research of Counter-administrative Monopoly Legislation

Author: LiJun
Tutor: TianChengGang
School: East China Normal University
Course: Constitutional and Administrative Law
Keywords: administrative monopoly legislation model counter- administrative monopoly law administrative monopoly control system
CLC: D922.294
Type: Master's thesis
Year: 2008
Downloads: 245
Quote: 0
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Abstract


Administrative monopoly is the action and state of the government and its affiliated departments or units authorized abuse of administrative power to restrict market competition for monopoly interests. As China’s administrative law constructing fast, administrative monopoly become legality government’ major obstacles. Deepen the counter- administrative monopoly law theory and strengthen its legislative practice are great urgency and reality. China’s counter- administrative monopoly legislation has been achieved certain results. However, there are many defects in the present counter- administrative monopoly legislation. some scholars says: 1 .legislation Scattered 2.1egislative oversight, 3. the rules of prohibited more than the rules of sanction, 4.focus only on acts of legislation, Rather than on institutional legislation; 5.stressing the acts of an economic nature, ignoring the acts of administrative nature. This exposition has fully demonstrated deficiencies of the present counter- administrative monopoly legislation.Based on the existing research results,I think that should develop a unified counter- administrative monopoly law to regulate the administrative monopoly. The article includs four parts:The first part is mainly about counter-administrative monopoly legislation modes, including anti-monopoly law legislative model, decentralized model legislation, unification of the anti- administrative monopoly law legislative mode.The second part analyzes the necessity of formulating counter- administrative monopoly law. The writer believe that unitied counter- administrative monopoly law is benefits for the executing of counter- administrative monopoly. The author agrees to control administrative monopoly by legal method.The third part discuss the relations of the administrative monopoly and government control. Ror prohibiting administrative monopoly,the writer think,it is necessary that adopt some ways to inhibit the government control.The last part The last part build the controlling system of our administrative monopoly mainly from the administrative point of view,conclude that we should perfect legal system of administrative procedure,better the liability system of administrative law,reform the administrative relief system of administrative reconsideration,administrative litigation and executive compensation.

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