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1、Legal Regulation of Administrative Monopoly As Viewed from Chinese Antimonopoly LawLing WangLaw school of Shandong University of TechnologyZibo 255049, Shandong, ChinaAbstractThe administrative monopoly breaks the principle of justice, and has large harm to the society. The special chapter in Chines
2、e Antimonopoly Law regulates the contents and corresponding legal responsibilities of administrative monopoly, but the law still has some deficiencies. The Chinese Antimonopoly Law should be perfected from increasing the operation property, confirming the comprehensive legal responsibilities, confir
3、ming the law enforcement agency of anti-administrative monopoly, expanding the range of legal regulation and establishing the judicial review system.Keywords: Chinese Antimonopoly Law, Administrative monopoly, RegulationIn china, the administrative monopoly mainly means the behaviors that administra
4、tive subjects harm the market competition and destroy socialism market economy order by the administrative power. The administrative monopoly initially belongs to economic monopoly, and its harm is more than economic monopoly, and it destroys the principle of justice, and induces the occurrence of u
5、nfair competition and monopoly in special market, and it harms the benefits of most market subjects, and largely wastes effective resources, and blocks the establishment and perfection of the socialism market competition mechanism. Therefore, it should seek solution and regulation methods from vario
6、us approaches for the administrative monopoly. Only in this way, the obstacle of Chinese economic system reform and the development of market economy can be removed, which can promote the quick development of economy, enhance the living level of people, improve the total survival environment, and re
7、alize the harmony and stability of the society.1. Regulation of administrative monopoly in Chinese Antimonopoly LawFor the regulation of administrative monopoly, there are many researches and discussions among Chinese scholars, and the system reform view and the legal regulation view are representat
8、ive views. The system reform view thinks that the administrative monopoly is the product of system, and it can be completely solved by deepening the economic system reform and the political system reform, and the legal measure is hard to solve the problem of administrative monopoly. The central cont
9、ent of the legal regulation view is that the administrative monopoly is very harmful, and it must be forbidden mainly by the laws. The legal regulation view is also can be divided into two factions, and one is to mainly use the administrative law to regulate the administrative monopoly, and the othe
10、r thinks that Chinese Antimonopoly Law is the main power to regulate the administrative monopoly.Because Chinese economic and political system reform is a gradual process which needs quite long-term endeavors, and this transfer needs large patient and willpower, so the administrative monopoly has be
11、en a very hot potato at present, and it has seriously blocked the economic development of China with large social harms, and it even blocks the economic and political system reforms which is being in China, so it must be forbidden as soon as possible, or else, the large destroying function on the de
12、velopment of Chinese economy will be hard to image. Therefore, it is too ideal to only depend on the system reform to regulate the administrative monopoly, and the effect is not obvious. In the present national situation, law is the feasible measure to regulate the administrative monopoly. Because t
13、he administrative monopoly roots in economic monopoly and has many characters and harms of economic monopoly, more and more legal scholars want to utilize Chinese Antimonopoly Law to regulate the administrative monopoly. “It is the characteristic of Chinese Antimonopoly Law to take the administrativ
14、e monopoly as the control object of antimonopoly, and it seems a necessary selection according to the national situation, because the administrative monopoly forming in traditional planned economy system is impossible to be removed by administrative measure, and it can only be solved by the legal me
15、asure, i.e. the Antimonopoly Law (Zhang, 1993, P.357)”. At August 1 of 2008, Chinese Antimonopoly Law became effective in peoples expectations, and the fifth chapter specially regulates the content of administrative monopoly, and the articles from 32 to 37 respectively generalize the elimination of
16、administrative power abuse and the behaviors of competition limitation, and completely regulate the concrete represent form of administrative monopoly, and article 51 regulates corresponding legal responsibilities. Thus，the regulation of administrative monopoly is first regulated in law, and the legal approach is the main measure to govern the administrative monopoly, which indicated that the legal regulation view had been adopted finally. The contents of administrative
