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The Perfection of Administrative Monopoly Regulation

Author: ChangQing
Tutor: LiDongFang
School: China University of Political Science
Course: Economic Law
Keywords: Administrative Monopoly Regulation The Chief internal control mode Executive - centered Judicial center
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 27
Quote: 0
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Abstract


In the process of building a socialist market economy country under the rule of law, administrative monopoly has become one of the frontiers of China's Legal Studies. This article Administrative Monopoly Regulation as the object of study, the combination with theory and practice, the abstract and the concrete phase combination, as well as a comparative analysis of the methods of administrative monopoly regulation issues a comprehensive and in-depth analysis, put forward our administrative monopoly regulations made perfect way in order to promote the development of China's administrative monopoly regulation theory and practice. There is a serious lack of administrative monopoly regulation: the concept of \; there is no clear relationship between antitrust enforcement and judicial. In this paper, through the comparison of Chinese and foreign, the comparison of the history and reality, found that: a variety of foreign regulation in the form of administrative monopoly, but more inclined to judicial review. But China has adopted administrative internal control modes. This is the essence of administrative monopoly regulation mode. This exclusion pattern of judicial intervention, led its government regulators and the abuse of administrative power to eliminate or restrict competition \Government regulation difficult to achieve with the coordination rules of the market \The government regulatory discretion and judicial freedom discretion can not be exercised in conjunction So can not really achieve administrative monopoly regulation should generally value the unique value and political value. China's long-established administrative monopoly administrative internal control mode mainly institutional reasons, has its own rationale. Further improve our administrative monopoly regulation must be the introduction of the judicial power, becomes executive mode mode for the judicial center. This requires the perfect anti-monopoly law. Learn the principles and methods to counter monopoly: clear the concept of administrative monopoly, the per se rule and the principle of rationality, conditionally exempt administrative monopoly; build the administrative monopoly private litigation system, at the same time, follow the current antitrust enforcement system based on some perfect reform;: defining the relationship between the People's Court with the anti-monopoly law enforcement agencies to improve the people's court judge rules on administrative monopoly litigation, build as final in the administration of justice, law enforcement agencies, the initial sentence cut administrative monopoly regulation system.

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