论行政垄断的危害性——兼议行政垄断应受规制的必要性

Discussion on the Harmfulness of Administrative Monopoly ——And Discuss the Necessity of Administrative Monopoly should be Regulated

行政垄断应当受到规制。国家凭借其权力在某些领域实行垄断是合适的,也是必要的,然而若是行政机关凭借其行政权力所产生的垄断则是不合法。首先,从行政垄断的概念来看,其本身就包含着不合法的因素;而我国对于行政垄断的法律规制则相对欠缺,这也是其危害性得以发挥的关键因素;其次,从经济学的角度,以成本收益进行分析,行政垄断的危害也是巨大的。

It＇ s no doubt that administrative monopoly should be regulated and restricted. It＇ s reasonable and necessary that a country put monopoly into some field by the state power, though it＇ s illegal that monopoly was born by executive power from administrative organ. At the first, from the concept of administrative monopoly, it＇s conclude illegal factor; though we are short of law and the regulations, in fact, that＇s the key factor why administrative monopoly＇ s perniciousness could be exert. Secondly, using cost - benefit from economy , the damage of administrative monopoly is enormous. But, we do a little to rule the administrative monopoly, so recognize its perniciousness is urgent and necessary.