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自我国实行市场经济制度至今,行政垄断一直是建设公平开放、充分竞争的市场的障碍,某些行政机关往往为了部门利益扭曲市场竞争,损害市场利益,一直受到社会的一致批评。虽然国家颁布了《反垄断法》等一系列法律规制行政垄断,但依然没有能有效遏制其蔓延。本文主要讨论我国行政垄断的法律责任,并分析我国的立法现状,提出若干完善行政垄断法律责任制度的建议,以供反行政垄断法律实践之参考。
Since the implementation of a market economy system in our country, administrative monopolies have always been an obstacle to building a fair and open market with full competition. Some administrative organs tend to be distorted by market competition for departmental interests and harm market interests and have been subject to unanimous public criticism. Although the country enacted a series of laws and regulations such as the Anti-monopoly Law to regulate the administrative monopoly, it still failed to effectively contain its spread. This article mainly discusses the legal responsibility of administrative monopoly in our country, analyzes the current situation of our country’s legislation and puts forward some proposals to perfect the legal liability system of administrative monopoly for the reference of the legal practice of anti-administrative monopoly.