On the Defects of Administrative Monopoly in China's "Anti-Monopoly Law" and Its Improvement/Sur Les Defauts de la Monopole Administratif Dans la "Loi Anti-Monopole" en Chine Et son Amelioration (Case Study‪)‬

FOREWORD The greatest monopoly problem in the process of Chinese economic transformation and developing market economy is not transnational corporations or foreign-capital enterprise monopoly, not private enterprise monopoly, but widespread administrative monopoly. Administrative monopoly is the result of administrative power's improper intervention in the market after it is distorted and abused, driven by interest, which is essentially administrative malfeasance. Administrative monopoly destroys the order of free competition in the market seriously, hinders the formation of a uniform Chinese market, hampers the effective allocation of social resources, increases social cost and harms the interests of consumers and operators. In addition, administrative monopoly has brought serious political and social harm, hampering China's political restructuring and the construction of harmonious society.3 So, we can say that without administrative monopoly problem being solved, political democracy and economic democracy can not be achieved in China. Therefore, China must regulate administrative monopoly strictly in the law so as to create a good environment for China's economic and social development.