The causes of administrative monopoly, the difference between administrative monopoly and economic m

The separation of government and enterprise is not complete.

The industrial structure is unreasonable.

Fiscal policy is too restrictive.

The legal system is not perfect.

1. What are the differences between administrative monopoly and economic monopoly?

1. The differences between administrative monopoly and economic monopoly include:

1) The main elements are completely different. The implementers of the administrative monopoly are the ** and ** sectors. The implementer of economic monopoly is the operator;

2) The subjective elements are different for abuse of advantage. Economic monopoly arises from the abuse of the advantage of economic power, and its abuser should be the operator, or a consortium of operators. Administrative monopoly is different from economic monopoly, and its abuse of advantage is manifested in the abuse of administrative power in Huai Buzao.

2. Legal basis: Article 5 of the Anti-Monopoly Law of the People's Republic of China.

Through fair competition and voluntary association, business operators can carry out concentration in accordance with the law, expand the scale of their operations, and enhance their market competitiveness.

Article 8. Administrative organs and organizations authorized by laws and regulations to administer public affairs must not abuse their administrative power to eliminate or restrict competition.

2. What are the types of administrative monopolies?

The types of administrative monopolies include include:

1. The administrative monopoly of administrative organs and the administrative monopoly of organizations authorized by laws and regulations to manage public affairs;

2. Industry administrative monopoly and regional administrative monopoly. Industry monopoly is to restrict or indirectly restrict units or individuals from operating, purchasing, and using the goods provided by the operators designated by them;

3. Abstract administrative monopoly and specific administrative monopoly. Abstract administrative monopoly is manifested in the abuse of administrative power by administrative organs and the unscrupulous formulation of regulations that contain content that eliminates or restricts competition.

"Administrative monopoly" is a concept unique to China. "Administrative monopoly" first appeared in the 80s of the last century, when an economist discussed social and economic phenomena, Kaishenbo used the concept of "administrative monopoly". Some scholars in the legal circles felt that China's social and economic phenomena were different from the economic monopoly of Western countries, so they borrowed the concept of administrative monopoly and regarded industry barriers, regional barriers, restricted or compulsory transactions, and exclusive transactions as administrative monopolies.

In fact, in the era of planned economy, segmentation is not only legal, but also inevitable. Under the conditions of market economy, due to the different constitutional systems, all countries have more or less industrial barriers, regional barriers, and restrictions on transactions. The solution to these problems mainly depends on improving the democratic constitutional system, and through the establishment of a more orderly and reasonable constitutional relationship, the problem of obstacles between different industries, different regions and even different departments can be solved.

Before the 50s of the last century, the commercial legal rules of various states in the United States were not consistent, in order to solve this problem, the United States government and opposition set up a series of unified commercial legal rules institutions, by drafting and promoting a unified commercial code to various states in the United States, to eliminate the obstacles to the rules. In other words, the U.S. Congress does not replace state business rules with antitrust laws (or antitrust laws) just because they have different rules that hinder development. Each state has the right to make ** rules in accordance with the provisions of the federal constitution, and cannot be sanctioned by antitrust laws just because each place has different ** rules.

Article 2 of the Administrative Coercion Law, the term "administrative compulsion" as used in this Law includes administrative coercive measures and administrative compulsory enforcement.

"Administrative compulsory measures" refers to the conduct of administrative organs in the course of administrative management to temporarily restrict citizens' personal liberty in accordance with law, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harms, and control the expansion of dangers.

"Administrative compulsory enforcement" refers to the conduct of an administrative organ or an administrative organ applying to a people's court to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on an administrative decision.

Administrative monopoly is the abuse of administrative power by administrative organs or organizations authorized by them to restrict competition. It is mainly manifested in regional administrative market monopoly, administrative compulsory transactions, administrative departments interfering in the operation of enterprises, and abuse of advantages by administrative companies. They do not belong to the normal economic management carried out in order to maintain the economic order of the society, nor do they belong to the economic and social policies such as industrial policy and fiscal policy adopted in order to realize the macroeconomic regulation and control of the national economy.

Administrative monopoly"It is a concept unique to China. In standard economics, there are only two terms, one is"Monopoly", one is"The government of the government granted a monopoly"。The former is to directly exercise monopoly power (such as liquor monopoly and tobacco monopoly), and the latter is to grant monopoly management rights to a certain enterprise.

The lack of country before the middle cherry blossom said.

"Administrative monopoly" is a concept that is unique to China. In standard economics, there are only two terms, one is "**monopoly" and the other is "**granted monopoly". The former is to directly exercise monopoly power (such as liquor monopoly and tobacco monopoly), and the latter is to grant monopoly management rights to a certain enterprise.

The so-called "administrative monopoly" in China is actually a "monopoly" and a "granted monopoly" that includes economics.

Article 33 of the Anti-Monopoly Law of the People's Republic of China provides that administrative organs and organizations authorized by laws and regulations to administer public affairs shall not abuse their administrative power to carry out the following acts to obstruct the free flow of commodities between regions:

1) Set discriminatory charging items for foreign goods, implement discriminatory charging standards, or stipulate discriminatory **;

2) Stipulating technical requirements and inspection standards that are different from those of similar local commodities for non-local commodities, or adopting discriminatory technical measures such as duplicate inspection and duplicate certification for non-local commodities, so as to restrict the entry of non-local commodities into the local market;

3) Adopt administrative licenses specifically for non-local commodities to restrict non-local commodities from entering the local market;

4) Setting up checkpoints or employing other means to obstruct the entry of foreign goods or the export of local goods;

5) Other acts that impede the free flow of goods between regions.

Administrative monopoly refers to the direct exercise of monopoly power, or the person who prepares the sail to grant the monopoly right to operate imitation hail to a certain enterprise, such as the postal monopoly of the post office, the tobacco monopoly of the tobacco monopoly bureau, and the original monopoly of the salt industry, etc., all belong to the category of administrative monopoly.

Many friends are often bothered by such questions. That is, what are the harms of administrative monopolistic behavior? Actually, the problem is not that complicated, as long as you are good.

Article 1 of the Anti-Monopoly Law of the People's Republic of China is hereby enacted in order to prevent and stop monopolistic behaviors, protect fair competition in the market, improve the efficiency of economic operation, safeguard the interests of consumers and the interests of the public and the society, and promote the healthy development of the socialist market economy. Article 2 of the Anti-Monopoly Law of the People's Republic of China applies to monopolistic acts in economic activities within the territory of the People's Republic of China; This Law applies to monopolistic conduct outside the territory of the People's Republic of China that has an impact on the elimination or restriction of competition in the domestic market.