行政垄断之国家赔偿责任探析

On Government’s Compensation Liability Resulting from the Administrative Monopoly

行政垄断由反垄断法规制似乎将成为定局。但我们所见到的反垄断法的建议稿,对行政垄断的国家赔偿责任予以回避。本文认为,行政垄断是一种行政违法侵权行为,必须依法由国家承担由此给公民、法人和其他组织造成的人身和财产损害。

It seems to be common practice to refer to The Anti-monopoly Act to regulate administrative monopoly. The proposed draft of Anti-monopoly Act that is available evades the compensation liability of government. This paper holds that administrative monopoly is a violation to the legal rights and citizens' interests and the government is responsible for the damages it brings to the citizens, legal persons and other organizations.