论文部分内容阅读
伴随着从封闭社会向开放社会的转型,反垄断法的本质属性也发生了跃迁,与此相适应的是,行政垄断应该被纳入反垄断法的调整范围。在反行政垄断法律关系中,主体组合表现为反行政垄断规制主体和反行政垄断受制主体。行政垄断不能等同于滥用行政权力排除、限制竞争行为,其分为具体的行政垄断行为和抽象的行政垄断行为,以及积极方式的行政垄断与消极方式的行政垄断。它们都应当纳入反垄断法的调整范畴。行政垄断受制主体的法律责任可分为政府机关和被授权的社会组织的法律责任以及经营者的法律责任。上述有关法律责任的规定尚不完善。
Along with the transition from a closed society to an open society, the essential attributes of the antitrust law have also undergone a transition. In line with this, the administrative monopoly should be included in the scope of adjustment of the antitrust law. In the legal relationship of anti-administrative monopoly, the main combination appears as the main body of anti-administrative monopoly regulation and the subject of anti-administrative monopoly. Administrative monopoly can not be equated with the abuse of administrative power to exclude and restrict competition. It is divided into specific administrative monopoly behaviors and abstract administrative monopoly behaviors, as well as administrative monopoly of negative monopoly and positive monopoly of administrative monopoly. All of them should be included in the adjustment of antitrust laws. The legal responsibility of the subject subject to administrative monopoly can be divided into the legal responsibilities of the government agencies and the authorized social organizations and the legal responsibilities of the operators. The above provisions on legal liability are not perfect.