중국반독점법의 행정독점 규제와 한계

The rapid economic development of China has been found in their trial to get rid of inefficient factors of their government administrative system through active and consistent attempts to open their market and to induce foreign capital. It is true that the industrial policy led by Chinese government made the Chinese economy step-up. However, distortion of price-mechanism, lack of competitive system by administrative interruption caused harmful effects of anti-market system. Now, Chinese government hurries to build up systematic apparatus for an economic reform to reduce anti-market or anti-monopoly harmful effects. The administrative monopoly is the most serious obstacle to prevent current market competition. It causes abuse of administrative power, incomplete separation between government and private company, corrupt practices of planned economic system, as well as combined monopoly of administrative power and economic power. Therefore, the anti-trust act need to include ordinances about administrative monopoly. The precise prohibition of administrative monopoly may help to reduce barrier factors of market-competition. China need a strong reform policy to solve problems of administrative monopoly, to enlarge the range of competition, and to build a socialism market-economy system. Reform policy against the business of local government public enterprises and administrative monopoly need to be strong. The problem of administrative monopoly should have a drastic solution based on clear distinction among the government functions, reform of government management system, and rule of government action.