浅析行政垄断规制中公众参与的引入

On the Introduction of Public Participation in the Regulation of Administrative Monopoly

行政垄断是行政主体在市场经济管理中不当运用行政权力来排除、限制、妨碍市场竞争的行政违法行为,是行政自由裁量权的滥用,是政府干预经济的极端情况。在行政垄断规制活动中引入公众参与机制有助于规范行政权力的运用,打破行政机关的自我监督、自我规制,进而有效打击和约束行政垄断。

Administrative monopoly is kind of illegal administrative behavior that administrative subjects improperly use their executive power to eliminate,restrict or even impede the market competition.It is not only abuse of administrative discretion,but also an extreme case of government intervention in the economy.Executive power could be restrained,and the self-supervision and self-regulation from the administrative subjects could be stopped by building the public participation mechanism into the process of regulation on administrative monopoly,which will then effectively combat and constraint administrative monopoly.