Research on the Legal Regulation of Administrative Monopoly in the Field of Chinese Government Procurement

Government procurement is a typical representative of administrative organs participating in the operation of market economy. Sometimes in order to achieve special policy objectives or power rent-seeking, the purchaser may inevitably touch the defense line of fair competition in the process of continuous integration with the market, and administrative monopoly in the field of government procurement arises. Administrative monopoly has always been a stubborn disease in the process of anti-monopoly law enforcement in China, As early as the promulgation of the Government Procurement Law in 2002, the legislator has negated the restrictive competition conducts such as restricting non-local operators from entering the local market and setting discriminatory conditions in procurement activities by means of prohibitive norms. Anti-Monopoly Law, which was subsequently promulgated, also included these conducts. In recent years, with the construction of the fair competition review system and the implementation of the policy of optimizing the business environment, the administrative monopoly in the field of government procurement has attracted attention again. Regulations for the Implementation of the Tendering and Bidding Law which was subsequently promulgated, the Interim Provisions on the Prevention of the Abuse of Administrative Power to Exclude and restrict competition conducts, Administrative Measures on Government Purchase of Services which was promulgated in 2020 all regard this issue as a regulatory focus, which shows its seriousness. This shows the seriousness of the problem. Therefore, it can be concluded that the legal regulation of administrative monopoly in the field of government procurement is a key issue in theoretical research and law enforcement practice. Starting from the particularity of administrative monopoly in the field of government procurement, this paper analyzes its regulation difficulties in the application of law, fair competition review and accountability, so as to maintain the order of fair competition in the market Put forward specific regulatory suggestions for the purpose of implementing anti monopoly law enforcement. In the future, the development of legal regulations for administrative monopoly in the field of government procurement will not only ensure that government procurement meets government needs, but also promote healthy competition in the market.