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Administrative monopoly legal research
Author: JiangWei
Tutor: WangXiaoZuo
School: Graduate School of the Chinese Academy of Social Sciences
Course: Economic Law
Keywords: Administrative monopoly Legal Research
CLC: D912.29
Type: Master's thesis
Year: 2000
Downloads: 248
Quote: 0
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Abstract
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\The first chapter focuses on the general theory, through the comparative analysis of other domestic research results on administrative monopoly is defined as: government and government departments, the abuse of administrative power to exclude, restrict or impede legitimate competition between enterprises and caused or may cause substantial market power. Analysis of the main elements of administrative monopoly, subjective elements and objective elements, through economic monopolies, state monopolies and other related concepts compared to further accurately express the complexity of the concept of administrative monopoly connotation. Chapter II of administrative monopoly and market economy to establish and perfect the conflict, first analyzes the reasons for the formation of administrative monopoly, I believe that administrative monopolies first planned economic system to a market economic system centered over Chengzhong Guan utilitarian product and, secondly, our unified political power structure to further promote the economy of the evolution of power is generated by administrative monopoly political roots. In the second section of this chapter, behavior and structure from two angles cited administrative monopoly manifestations of behavior have created market barriers, cumbersome administrative licensing and approval, resulting in market access difficulties; establish administrative companies are more the government and the companies formed a community of interests; structural performance is mainly sector monopolies and regional monopolies, but intertwined, forming fragmented situation. Section two aspects from the economic and political analysis of the administrative monopoly hazards. Chapters III and IV focus on the elimination of obstacles to administrative monopoly, and presents some of the legal regulation proposals. Currently, the most fundamental to eliminate administrative monopoly, is cut market players - the interests of business and government umbilical cord, how to straighten the government's position as the owner is a need for in-depth study of the problem; on this basis, but also to further promote the financial and taxation system reform, specifically the government's economic administration authority, local interests based on local legislative power to strengthen supervision and regulation. In the fourth chapter to stop the legal methods of administrative monopoly, the borrowed foreign scholars on economic monopoly commonality used method, combined with China's relevant legislative attempts over the years, on issues related to administrative monopoly legislation made an initial idea.
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