WTO背景下我国行政性垄断的法律分析

Legal Analysis of the Administrative Monopoly of China after the WTO Entry

由于我国长期处于计划经济体制之下,行政性垄断行为十分严重,我国国情决定了反垄断主要是反行政性垄断,我国有必要制定一部专门的反行政垄断法。在WTO背景下,规制我国的行政性垄断,首先从立法上规制,包括完善反行政性垄断立法;其次从司法上规制,包括建立专门的反行政性垄断执法机关;最后利用WTO争端解决机制解决国家间的行政性垄断。

There exists the planned economy system for a long time in China, which leads to serious administrative monopoly. As a result, the main task for China is to regulate administrative monopoly by making a special law against it. In terms of the introduction of the administrative monopoly, such as the definition as well as its harm, this paper combines with the relevant rules of WTO, and analyzes the conflicts and consequences between administrative monopoly and the WTO rules, making a thorough discussion about the regulation of the administrative monopoly. Firstly, it is regulated from legislation, including the perfection of administrative monopoly law; secondly, from the regulation of the administration of justice, including the establishment of a special enforcement agency; and finally the administrative monopoly among different countries is solved by using the dispute settlement body of WTO. Under the new historical situation, the author puts forward some suggestions of the regulation of the administrative monopoly in China.