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法學(xué)專業(yè)外文翻譯-----從中國反壟斷立法看行政壟斷的法律規(guī)制-法律法學(xué)-展示頁

2025-01-31 03:55本頁面
  

【正文】 onomic crimes and occupational crimes regulated in current criminal laws, so the measure of criminal punishment is necessary to be adopted. Confirming independent antimonopoly law enforcement institutions and perfect the law enforcement system The legal construction in China is to solve practical problems in the final analysis, and the setup of antimonopoly law enforcement institution is not exceptional. The antimonopoly law enforcement institution should be highly independent. To keep the independent is the life line of antimonopoly law enforcement institution, and the meaning of antimonopoly law, that is also the successful experience to effectively execute antimonopoly laws in most countries. And antimonopoly law enforcement institution must have high specialty character, and the antimonopoly law enforcement is not simple market management, and it es down to the contents about economy, law and management, so it is a plex project. Professional anization system is the important factor to guarantee the effective operation of law enforcement institution. Independent and professional antimonopoly institution should be endowed by extensive administrative power, quasilegislative power and quasijudicial power, and that is the need to regulate administrative monopoly in China and the requirement to treat the development of international antimonopoly. Combining the generalization mode with the listing mode to specially limit the range of administrative monopoly Because Chinese Antimonopoly Law defines the range of administrative monopoly by the listing mode, and it is mainly limited in the domain of goods trade, which induces that the regulation range of administrative monopoly in China is too narrow and lacks in corresponding flexibility. Using foreign relative experiences as references, China should adopt the mode bining the generalization mode with the listing mode to define the range of administrative monopoly. On the one hand, the main representative form of administrative monopoly should be listed specially, and the concrete regulations to regulate administrative monopoly behaviors in the domain of servicing industry should be added. And according to these rules, the antimonopoly law enforcement institutions should quickly judge representative administrative monopoly behaviors, and predict its legal result and increase the efficiency. On the other hand, according to relative authority data, the range of the industry about the national economy and the people’s livelihood should be specially defined, and the monopoly of these industries should be protected by laws, and the protective range and degree should also be defined, and for the behavior to illegally expand the monopoly range, corresponding punishment measures should be regulated. Through above analysis, the legal regulation of administrative monopoly behaviors in China just starts, and the relative rules about the administrative monopoly behaviors in Chinese Antimonopoly Law needs to be further perfected and crystallized, and the legal responsibilities about the administrative monopoly behaviors and the jurisdiction of law enforcement institution need to be further confirmed, and the regulation range of administration monopoly needs to be further expanded, and corresponding juridical relief approaches need to be gradually established. At the same time , the system reforms in the economic and political domain need to be further deepened, and the continual perfection of system reform can essentially reduce and stop the happening of administrative monopoly behaviors, and both the system reform and the legal regulation need to be strengthened, which is the essential way to solve the problem of administrative monopoly. –1– 從中國反壟斷立法看行政壟斷的法律規(guī)制 摘要: 行政壟斷打破了公正原則,并 且 具有較大的社會(huì)危害 性 。 Legal Regulation of Administrative Monopoly As Viewed from Chinese Antimonopoly Law Abstract The administrative monopoly breaks the principle of justice, and has large harm to the society. The special chapter in Chinese 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 prehensive legal responsibilities, confirming the law enforcement agency of antiadministrative monopoly, expanding the range of legal regulation and establishing the judicial review system. Keywords: Chinese Antimonopoly Law, Administrative monopoly, Regulation In china, the administrative monopoly mainly means the behaviors that administrative subjects harm the market petition 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 unfair petition 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 petition mechanism. Therefor
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