2015•Journal of Sichuan Police collegeRequires access

The Study of Administrative Monopoly's Regulation Path

Liao Li-hua

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Abstract

The administrative monopoly has become a common phenomenon in practice, and it has more harmfulness than general monopoly. It damages the market competition and corroded administrative power.Therefore, how to regulate the administrative monopoly effectively has become the focus of economics, and even administrative law. In the theory, the administrative monopoly is usually regulated by moral, political,legal and liability paths. However, these four kinds of control channels have not achieved the ideal effect in practice. Seeking a new way of regulation has become the primary task of anti-administrative monopoly.Through the investigation and comparison of domestic and foreign anti-trust litigation, we know that judicial intervention of administrative monopoly has become a general practice in many countries. Accordingly, in the future, the administrative monopoly regulation in China will turn to the anti administrative monopoly lawsuit.But before that, firstly, we must solve the cohesion between the new and the existing system; rationalize the relationship between anti-administrative monopoly and anti-trust enforcement, between rights to the fair competition and administrative reconsideration in the administrative Litigation.

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The administrative monopoly has become a common phenomenon in practice, and it has more harmfulness than general monopoly. It damages the market competition and corroded administrative power.Therefore, how to regulate the administrative monopoly effectively has become the focus of economics, and even administrative law. In the theory, the administrative monopoly is usually regulated by moral, political,legal and liability paths. However, these four kinds of control channels have not achieved the ideal effect in practice. Seeking a new way of regulation has become the primary task of anti-administrative monopoly.Through the investigation and comparison of domestic and foreign anti-trust litigation, we know that judicial intervention of administrative monopoly has become a general practice in many countries. Accordingly, in the future, the administrative monopoly regulation in China will turn to the anti administrative monopoly lawsuit.But before that, firstly, we must solve the cohesion between the new and the existing system; rationalize the relationship between anti-administrative monopoly and anti-trust enforcement, between rights to the fair competition and administrative reconsideration in the administrative Litigation.

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Available abstract

The administrative monopoly has become a common phenomenon in practice, and it has more harmfulness than general monopoly. It damages the market competition and corroded administrative power.Therefore, how to regulate the administrative monopoly effectively has become the focus of economics, and even administrative law. In the theory, the administrative monopoly is usually regulated by moral, political,legal and liability paths. However, these four kinds of control channels have not achieved the ideal effect in practice. Seeking a new way of regulation has become the primary task of anti-administrative monopoly.Through the investigation and comparison of domestic and foreign anti-trust litigation, we know that judicial intervention of administrative monopoly has become a general practice in many countries. Accordingly, in the future, the administrative monopoly regulation in China will turn to the anti administrative monopoly lawsuit.But before that, firstly, we must solve the cohesion between the new and the existing system; rationalize the relationship between anti-administrative monopoly and anti-trust enforcement, between rights to the fair competition and administrative reconsideration in the administrative Litigation.

Key concepts: Monopoly, Administrative law, Enforcement, Law and economics, Business, Competition (biology), Politics, Economics

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