反垄断法视角下对驾考培训制度的检视

Inspection on the Training System of Driving Examination from the Perspective of Anti-monopoly Law

目前,我国的驾校培训市场是政府批准的产物,这一产物导致驾培市场实际上是一个相当封闭的,甚至是"供应不足,僧多粥少"的市场,即"伪市场"。驾校不法提价,是驾培市场过度垄断的表现。行政法上类似于驾校强制培训红头文件的行政规范性文件往往由于其抽象行政行为的身份而避开了行政诉讼的救济方式。行政权力的滥用,排除、限制竞争的行为,是反垄断法明确规定的垄断行为。尽管行政垄断和经济垄断在众多方面有不同,但是将驾校强制培训的抽象行政行为进行反垄断法分析将有利于维护市场的自由竞争和经济的良好发展,对完善反垄断法具有积极意义。

At present, driving training market in China is the product of government approval, leading to a quite closed,even ＂inadequate supply＂ market, i.e. ＂pseudo market＂ . Illegal price increasing of driving training shows excessive monopoly. Administrative normative documents with the red head file of compulsory training on administrative law often avoid remedies of administrative litigation because of its abstract administrative actions. The abused administrative power and the actions excluding and restricting competition is the monopolistic behavior defined clearly by anti-monopoly law. Though there＇ re differences on many aspects between administrative and economic monopoly, to analyze the abstract administrative actions of compulsory driving training according to anti-monopoly law is beneficial to maintain free market competition and heahhy economic development, with positive meaning on perfection of anti-monopoly law.