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Study on the Legal Remedy of Administrative Monopoly

Author: JiangYi
Tutor: LiYi
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: dministrative monopoly judicial relief compose of system
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 34
Quote: 0
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Abstract


Administrative monopoly as a product of Chinese characteristics, the reason and the political, economic, cultural, and institutional factors there close contact. Administrative monopoly brought market segmentation, resources configuration, poor quality, consumer rights, but also on government corruption and good governance in threatening, it can be said that great harm, scholars generally believe that the "antitrust lies against the monopoly". Because the relationship was able to build a free and fair market economy, how to effectively harness the monopoly has become the whole nation which the world are concerned about. Regulation administrative monopoly means many, such as the Executive of self correction, the superior authority of supervision, the antitrust enforcement agencies in effective law enforcement, but these are some of the means of their own cannot avoid pitfalls, so its effect in the theoretical and practical boundaries have been disputed. The Executive power in China has been very strong, so simply rely on their self correction may seem too ideal to eliminate the monopoly is a long-term and system engineering, in the long term or to rely on legal means, can introduce abroad has been proven more effective judicial remedies? as independent third party arbiter, the judiciary vis-a-vis the Executive more detached and neutral, but due to various reasons such sectoral legislative, judicial remedies in antitrust law did not reflection, resulting in our country’s antitrust enforcement mechanism is not perfect. This article highlights the monopoly in the regulation of administrative judiciary’s position and role, through a comparative analysis of the foreign antitrust judicial system features and functions, and focus on the analysis of a statutory monopoly in Chinese court lacked antitrust jurisdictions and matching system causes and issues. On this basis, combined with China’s national conditions on the establishment of administrative monopoly judicial relief mechanism of conception.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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