论行政指导性垄断的法律规制

On the Legal Regulation of Administrative Directive Monopoly

行政指导性垄断不完全等同于传统的行政垄断、经济垄断,而具有自身特性,可以根据不同的分类依据划分成不同形态,在市场失灵的情形下,仅仅依靠行政控权难以实现对行政指导性垄断的控制。因此要对行政指导性垄断进行精准定位,从而对其施以更准确的反垄断规制和救济。目前,我国行政指导性垄断存在规制范围狭隘、行政执法过程中操作程序不够规范、受到侵害的权利主体缺乏救济途径等问题。有必要明确并扩大行政指导性垄断行为规制范围,细化并规范行政主体执法过程中操作程序,并采取相应措施,保障并扩展遭受侵害权利主体的救济途径。

Administrative guidance monopoly is not completely equivalent to traditional administrative monopoly and economic monopoly,but has its own characteristics.It can be divided into different forms according to different classification basis.In the case of market failure,it is difficult to achieve administrative guidance only by relying on administrative control power.Control of sex monopoly.Therefore,it is necessary to accurately locate the administrative guidance monopoly,so as to impose more accurate anti-monopoly regulations and remedies.At present,my country’s administrative guidance monopoly has problems such as narrow scope of regulation,inadequate operating procedures in the process of administrative law enforcement,andlack of remedies for the infringed rights subjects.It is necessary to clarify and expand the regulatory scope of administrative guidance monopolistic behavior,refine and standardize the operating procedures in the enforcement process of administrative entities,and take corresponding measures to protect and expand the remedies for subjects who have suffered rights violations.