行政垄断是一种对行政权力的滥用,要对行政垄断进行控制就须“以权力制约权力”。就我国目前的实际情况来讲,通过立法来规制行政垄断,还难以实现,行政执法也难以奏效。而司法是最后的救济手段,通过司法才能最终实现对行政垄断的控制。由于我国行政诉讼在原告范围、管辖权限等方面受到诸多限制,致使其反行政垄断的效力未能完全发挥,因而司法、立法上有待进一步完善。 Administrative monopoly is a kind of abuse of administrative power. To control the administrative monopoly, we must “power control power”. In terms of the actual situation in our country, it is still hard to be realized through legislation to regulate the administrative monopoly. Administrative enforcement of law is also ineffective. However, judicature is the last resort to remedy the administrative monopoly through judicial ability. Due to the limitation of the scope of the plaintiff, jurisdiction and other aspects, administrative litigation in our country has not been able to fully exert its effectiveness in anti-administrative monopoly. Therefore, the judicial and legislative issues need to be further perfected.