关于行政性垄断的法律思考

行政性垄断是一种借助于行政权力干预经济,排斥、限制或妨碍市场竞争的行为.从行政性垄断概念的界定和特征入手,对其成因及表现形式进行较为详细的分析,提出对行政性垄断的规制办法,明确其法律责任,进而建立行政损害赔偿责任制度,才能有效地防止和制裁行政性垄断,确保建立公正自由的竞争秩序,促进我国经济的发展与繁荣.

Perspective on Administrative Monopoly

Administrative monopoly is a conduct that intervenes economy while repel,restrict and hamper market competition.At the present turn of China's economic mechanism,administrative monopoly has shown up on a large scale due to the intervention of the administrative powers into the market.However,it is beyond the reach of the existing laws to cheek the administrative monopoly on an effective basis,which thus calls for an anti-monopoly law to regulate it.This paper makes a detailed analysis about the definition, causes,and features of administrative monopoly.It suggests means to regulate it,to make clear its legal liability and to establish an administrative damages system with a view to exert prevention and punishment to administrative monopoly and ensure fair,free competition to promote China's economic development and prosperity.