行政垄断的可责性分析

Feasible Analysis of Legal Liability for Administrative Monopoly

明确行政垄断的法律责任,是有效规制行政垄断的关键。囿于体制的不健全和法律法规的不完善,学者们更多地是探讨需不需要由反垄断法规制行政垄断,而对如何具体地规制行政垄断,特别是对于行政垄断的救济途径和责任主体的责任追究涉及较少。随着反垄断委员会的设置,我国反垄断规制渐入正轨,但行政垄断的法律责任仍不明确。行政垄断责任主体的追究机制依然形同虚设,无论是行政责任、民事责任、还是刑事责任等都需进一步完善。

Clear legal liability of the administrative monopoly is the crux of the regulation of administrative monopoly be- havior. Limited to imperfect system and inadequate laws or regulations, scholars explore more on whether the administrative monopoly should be regulated by the ＂anti-monopoly law＂ than on how to do. In particular less is concerned in the means of relief of administrative monopoly and the accountability of those responsible for. With the set-up of anti-monopoly committee, theanti- monopoly regulation in China is gradually on the fight track. However, the legal liability is still not clear yet. Since the accoun- tability mechanism of administrative monopoly only exists nominally, administrative responsibility, civil liability, and criminal liability have to be further improved.