Abstract |
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xxi | |
Introduction |
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xxiii | |
Chapter 1 Nature of Administrative Monopolies |
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1 | (10) |
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1 Definition of Administrative Monopoly |
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1 | (1) |
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2 Composition of Administrative Monopoly |
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2 | (2) |
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2.1 Use of public powers mainly by administrative departments |
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2 | (1) |
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2.2 Establishment of monopoly status |
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3 | (1) |
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2.3 The main actor in administrative monopoly |
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4 | (1) |
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3 Administrative Monopolies vs. Market Monopolies |
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4 | (2) |
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3.1 Formation of the monopoly |
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5 | (1) |
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5 | (1) |
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3.3 Potential competition |
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5 | (1) |
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4 Constitutional Characteristics of Administrative Monopoly |
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6 | (2) |
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5 Main Forms of Administrative Monopoly |
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8 | (3) |
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5.1 Establishment of barriers to entry |
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8 | (1) |
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5.2 Price regulations on products sold by the monopolist |
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9 | (1) |
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5.3 Preferential prices on input purchases |
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9 | (1) |
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5.4 Promotion of mergers leading to monopolies |
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10 | (1) |
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5.5 Barriers on the movement of products and resources between regions |
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10 | (1) |
Chapter 2 Formation and Cause of Administrative Monopolies |
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11 | (20) |
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1 Formation and Evolution of Administrative Monopolies |
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11 | (7) |
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1.1 Formation and evolution of administrative monopolies in the telecom industry |
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11 | (2) |
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1.2 Formation and evolution of administrative monopolies in the oil industry |
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13 | (2) |
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1.3 Formation and evolution of administrative monopolies in the banking industry |
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15 | (2) |
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1.4 Formation and evolution of administrative monopolies in the table salt industry |
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17 | (1) |
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2 The Inertia of the Planned Economy |
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18 | (1) |
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3 Absence of Fiscal Pressure on Central Government for Reform |
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19 | (1) |
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4 The Market Value of Administrative Monopolies and the Formation of Self-Aware Monopoly Interest Groups |
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20 | (3) |
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23 | (3) |
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6 "Departmental Legislation" |
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26 | (5) |
Chapter 3 Pervasiveness of Administrative Monopolies |
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31 | (22) |
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1 Allocation of Administrative Monopolies in Industries |
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31 | (2) |
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2 Administrative Monopolies in the Telecommunications Industry |
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33 | (5) |
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33 | (1) |
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34 | (1) |
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35 | (1) |
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2.4 Market structure in broadband |
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36 | (1) |
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2.5 Market structure for mobile phones and fixed lines |
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37 | (1) |
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3 Administrative Monopoly in the Oil Industry |
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38 | (4) |
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3.1 Legal status of administrative monopoly |
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38 | (3) |
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3.1.1 Administrative monopoly in the upstream extraction process |
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38 | (2) |
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3.1.2 Administrative monopolies in the mid-stream refinery process |
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40 | (1) |
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3.1.3 Administrative monopolies in wholesale refined oil |
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40 | (1) |
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3.1.4 Administrative monopolies in the supply and delivery process |
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40 | (1) |
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3.1.5 Administrative monopolies in the importing of crude oil |
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41 | (1) |
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3.1.6 Administrative monopoly in oil reserves |
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41 | (1) |
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41 | (1) |
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4 Administrative Monopoly in the Railway Industry |
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42 | (2) |
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5 Administrative Monopoly in the Banking Industry |
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44 | (2) |
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5.1 Interest rate regulations |
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45 | (1) |
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45 | (1) |
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6 Administrative Monopoly in the Salt Industry |
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46 | (3) |
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6.1 Legal status of administrative monopoly in the salt industry |
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46 | (2) |
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6.2 Monopoly structure of the table salt industry |
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48 | (1) |
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6.3 Monopoly prices in the table salt industry |
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48 | (1) |
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7 Administrative Monopoly in the Football Industry |
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49 | (2) |
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7.1 Exclusive status of sports associations |
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49 | (1) |
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7.2 Powers of sport associations |
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50 | (3) |
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7.2.1 Decisions over eligibility |
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50 | (1) |
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7.2.2 Discipline and punishment |
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50 | (1) |
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7.2.3 Management and organization of competitions |
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50 | (1) |
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7.2.4 Ownership and usufruct of leagues |
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50 | (1) |
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8 Administrative Monopolies in Localities |
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51 | (2) |
Chapter 4 Illegality of Administrative Monopolies |
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53 | (12) |
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1 Lack of Legal Authorization and Violation of the Principle of Legal Reservation |
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53 | (12) |
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1.1 Authorization with only administrative documents |
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54 | (2) |
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1.2 Overreach of authorization from lower-level documents |
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56 | (1) |
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1.3 Unclear and abnormally high entrance requirements specified by laws |
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57 | (8) |
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1.3.1 Stipulations too vague, providing too much discretionary power |
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58 | (3) |
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1.3.2 Excessively high entrance requirements |
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61 | (1) |
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1.3.3 Laws inappropriate and unconstitutional |
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62 | (3) |
Chapter 5 Administrative Monopoly Behaviors |
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65 | (20) |
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1 Classification of Administrative Monopoly Behaviors |
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65 | (3) |
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1.1 Action by administrative departments to create administrative monopolies |
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65 | (1) |
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1.2 Administrative monopoly behaviors by enterprises |
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66 | (1) |
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1.3 Individual behaviors caused by administrative monopoly |
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67 | (1) |
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2 Examples of Administrative Monopoly Behavior in Departments |
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68 | (9) |
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2.1 Setting institutional barriers to entry |
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68 | (3) |
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2.2 Creating direct price regulations or product pricings that are beneficial to administrative monopoly enterprises |
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71 | (1) |
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2.3 Leading and pushing mergers in order to increase the centralization of industries |
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72 | (2) |
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2.4 Offering preferential policies in areas such as taxation, lands, fees for utilizing natural resources, and profit remittances to large-scale SOEs such as central SOEs |
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74 | (1) |
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2.5 Offering aid to monopoly enterprises through refinancing, asset restructuring, and debt divestitures |
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75 | (1) |
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2.6 Offering enterprises import monopoly concessions for resources (such as crude oil, iron ores, etc.) |
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75 | (1) |
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2.7 Granting administrative monopoly status in transportation |
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76 | (1) |
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2.8 Violating the Price Law by not holding hearings for the determination or adjustment of prices, or holding hearings with obvious procedural flaws |
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76 | (1) |
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2.9 Offering enterprises portions of administrative powers |
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77 | (1) |
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3 Examples of the Administrative Monopoly Behaviors by Enterprises |
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77 | (5) |
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3.1 Setting high prices or influencing the setting of prices for products or services (including long-distance calls, broadband, and gasoline), or implementing price discrimination |
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77 | (2) |
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3.2 Controlling the sales network or channels of products |
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79 | (1) |
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3.3 Implementing unfair competition or sales practices such as bundle sales or cross-subsidization |
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80 | (1) |
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3.4 Implementing unfair competition by cross-subsidization, and cheating the government out of subsidies |
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80 | (1) |
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3.5 Conspiring to create price cartels with other monopolists, often in the name of self-regulation |
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81 | (1) |
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3.6 Extending the monopoly in one production stage to its upstream and downstream stages to gain preferential conditions there as well |
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81 | (1) |
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4 Examples of Individual or Organizational Behaviors Caused by Administrative Monopolies |
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82 | (3) |
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4.1 Direct benefits from the power over establishing administrative monopolies, such as bribery |
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82 | (1) |
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4.2 Gaining a portion of monopoly rents through advantageous purchase prices for or from one's own enterprise |
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83 | (1) |
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4.3 Using the shortage caused by the administrative monopoly to monopolize the sales of parts of the products, profiting from abnormally high prices |
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83 | (2) |
Chapter 6 Inefficiency and Unfairness of Administrative Monopoly |
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85 | (14) |
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1 Inefficiency and Unfairness of Setting Barriers to Entry |
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85 | (4) |
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1.1 Administrative monopoly model for barriers to entry |
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85 | (3) |
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1.2 Reasonable institutional barriers to entry |
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88 | (1) |
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2 The Inefficiency and Unfairness of Regulation of Sales Prices |
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89 | (1) |
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3 Purchase-Price Regulation: Resources Sold at Low Prices or Given away for Free |
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90 | (2) |
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4 Affecting the Neutrality of Macroeconomic Policies |
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92 | (4) |
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4.1 The distribution distortion brought by administrative monopolies generates inflation |
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92 | (1) |
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4.2 Tendency to adopt expansionary fiscal policies |
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92 | (1) |
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4.3 Monetary policy favors adjusting deposit reserve requirements rather than interest rates |
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93 | (3) |
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5 Damage to Social Justice |
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96 | (1) |
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6 Damage to Political Legitimacy and Moral Values |
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97 | (2) |
Chapter 7 Estimation of Welfare Loss and Distribution Distortions Caused by Administrative Monopolies |
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99 | (26) |
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1 Measuring Methods of Welfare Loss and Distribution Distortions Caused by Administrative Monopolies |
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99 | (9) |
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1.1 Several aspects of net social welfare losses and distribution distortions |
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99 | (3) |
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1.2 Approximation method of social welfare losses: The Harberger triangle |
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102 | (1) |
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1.3 Approximation method of distribution distortions and social welfare losses caused by regulations on sales prices for monopolists |
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102 | (1) |
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1.4 Approximation method of distribution distortions and social welfare losses caused by regulated purchase prices for monopolists |
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103 | (1) |
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1.5 Different kinds of social welfare losses |
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103 | (1) |
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1.6 Approximation method of resource allocation losses |
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104 | (1) |
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1.7 Methods for a quantitative approximation of the inflation effect of administrative monopolies |
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105 | (1) |
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1.8 Methods for approximating income transfers resulting from adjustments to reserve requirements instead of interest rates |
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105 | (3) |
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2 Estimation of Welfare Loss and Distribution Distortions Caused by Administrative Monopolies |
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108 | (10) |
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2.1 Estimation of the social welfare loss I (narrow-bore) |
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109 | (1) |
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2.1.1 Telecommunications industry |
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109 | (1) |
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110 | (1) |
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2.2 Estimation of social welfare loss II (monopoly profits) |
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110 | (1) |
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2.2.1 Telecommunications industry |
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110 | (1) |
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110 | (1) |
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2.2.3 Table salt industry |
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111 | (1) |
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2.3 Estimation of the social welfare loss III (losses for resource owners) |
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111 | (7) |
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111 | (2) |
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2.3.2 The banking industry |
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113 | (1) |
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2.3.3 The approximation of loss from misallocation of resources |
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114 | (2) |
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2.3.4 The inflation effect of administrative monopolies |
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116 | (1) |
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2.3.5 Distribution distortion and welfare losses from adjusting reserve requirements instead of interest rates |
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117 | (1) |
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2.3.6 Summation of social welfare losses in the industries studied |
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118 | (1) |
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3 Real Performance and Income Distribution of Administrative Monopolists |
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118 | (7) |
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119 | (1) |
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3.1.1 Telecommunications industry |
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119 | (1) |
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119 | (1) |
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120 | (1) |
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120 | (23) |
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3.2.1 Telecommunications industry |
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120 | (2) |
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122 | (3) |
Chapter 8 Breaking Administrative Monopoly |
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125 | (18) |
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1 Existing Anti-Monopoly Laws |
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125 | (4) |
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2 The Constitutional Level: Restricting and Forbidding Departmental Legislation |
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129 | (3) |
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3 The Constitutional Level: Effective Control of the State Economy and SOEs |
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132 | (2) |
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4 Utilizing Existing Constitutional and Legal Resources, Clearing Out Documents Establishing Administrative Monopolies |
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134 | (2) |
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5 Toward a Legal and Judicial Anti-Monopoly System |
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136 | (5) |
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6 Breaking Administrative Monopoly by Administrative Means |
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141 | (2) |
Sub-Report 1: Administrative Monopoly in the Telecommunications Industry |
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143 | (36) |
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1 History of Administrative Monopoly in the Telecommunications Industry |
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143 | (7) |
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1.1 The Ministry of Posts and Telecommunications: Administrator, enterprise and monopolist (1979-1994) |
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143 | (3) |
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1.2 China Unicorn formed, administrative monopoly by the "Big Two" in the telecom market (1994-1998) |
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146 | (2) |
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1.3 Obstacles to competition under the management of the Ministry of the Information Industry (Later renamed the Ministry of Industry and Information Technology) (1998—present) |
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148 | (2) |
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2 Legal Status of Administrative Monopoly in the Telecommunications Industry |
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150 | (4) |
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150 | (1) |
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151 | (1) |
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152 | (2) |
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3 Market Structure of the Telecom Industry |
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154 | (3) |
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3.1 Broadband interne connection |
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154 | (2) |
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3.2 Mobile market and fixed-line market |
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156 | (1) |
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3.3 A measure of barriers to entry |
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156 | (1) |
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4 Behavior of Administrative Monopolists in the Telecommunications Industry |
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157 | (9) |
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4.1 Administrative departments setting up and maintaining administrative monopolies |
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157 | (3) |
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4.1.1 Opposition to China Unicom's entry |
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157 | (2) |
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4.1.2 Guiding the restructuring of enterprises |
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159 | (1) |
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4.2 Profit behavior by enterprises using administrative monopoly |
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160 | (4) |
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4.2.1 Discriminatory inter-network rates |
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160 | (2) |
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162 | (1) |
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163 | (1) |
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4.3 Individual or institutional behaviors induced by administrative monopoly |
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164 | (2) |
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4.3.1 Direct abuses of administrative power to grant monopolies |
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164 | (1) |
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4.3.2 Corruption through front companies |
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165 | (1) |
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166 | (9) |
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5.1 Net welfare losses for society |
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167 | (1) |
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5.1.1 Estimation of the lower bound |
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167 | (1) |
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5.1.2 Estimations of the upper bound |
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168 | (1) |
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168 | (3) |
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168 | (1) |
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5.2.2 Auction of telecom phone number resources |
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168 | (3) |
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171 | (1) |
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5.4 Income distribution in administrative monopolies |
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171 | (4) |
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5.4.1 Industry salary and benefits |
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171 | (3) |
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174 | (1) |
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6 Reasons for the Formation of Administrative Monopoly in the Telecom Industry |
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175 | (4) |
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175 | (1) |
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6.2 Reinforcement of monopoly by administrative authorities |
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176 | (1) |
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6.3 Financial demands from the central government |
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176 | (1) |
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177 | (2) |
Sub-Report 2: Administrative Monopoly in the Oil Industry |
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179 | (40) |
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1 Market Structure of the Oil Industry |
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179 | (1) |
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1.1 Proportion of state-owned assets |
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179 | (1) |
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179 | (1) |
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2 Formation and Evolution of the Administrative Monopoly in the Oil Industry |
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180 | (3) |
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3 Characteristics and Legal Status of Administrative Monopoly in the Oil Industry |
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183 | (9) |
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3.1 Administrative monopoly in the upstream oil exploitation sector |
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184 | (4) |
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3.1.1 Granting the Big Three their monopolies |
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184 | (2) |
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3.1.2 Strict entry approval system |
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186 | (1) |
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3.1.3 Support given to state-owned capital |
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187 | (1) |
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3.2 Administrative monopoly in the midstream refining and chemical sector |
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188 | (1) |
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3.3 Administrative monopoly in the downstream refined oil markets |
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188 | (1) |
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3.4 Administrative monopoly in the supply and distribution sector |
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189 | (1) |
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3.5 Administrative monopoly in the crude oil import sector |
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190 | (1) |
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3.6 Administrative monopoly in the oil reserve sector |
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191 | (1) |
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4 Causes of Administrative Monopoly |
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192 | (3) |
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4.1 Inertia of the planned economy |
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192 | (1) |
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4.2 Ideological misconception |
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192 | (1) |
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4.3 Maximization of the central government's fiscal revenue |
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193 | (2) |
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195 | (1) |
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5 Administrative Monopoly Behaviors |
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195 | (10) |
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5.1 Administrative departments setting up and maintaining administrative monopolies |
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195 | (3) |
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5.1.1 Expanding powers through departmental regulations |
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195 | (1) |
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5.1.2 Consolidating monopoly positions through preferential policies |
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196 | (1) |
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5.1.3 Adopting the pricing mechanism in favor of the monopoly enterprises |
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197 | (1) |
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5.2 Profit seeking behaviors of enterprises through administrative monopoly |
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198 | (5) |
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5.2.1 Controlling the sales channels |
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198 | (1) |
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5.2.2 Squeezing the profit of private enterprises through cross-subsidization |
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199 | (1) |
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5.2.3 Contending for favorable locations for gas stations |
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200 | (1) |
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5.2.4 Eliminating competitors by administrative means |
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201 | (1) |
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5.2.5 Using resource advantages to extend monopoly powers downstream |
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202 | (1) |
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5.3 Rent-seeking behaviors of individuals |
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203 | (2) |
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6 Welfare Loss and Distribution Distortion |
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205 | (12) |
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6.1 Net social welfare loss |
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205 | (1) |
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205 | (8) |
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6.2.1 Underpayment of rent for industrial land |
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205 | (1) |
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6.2.2 Underpayment of the rent on land for gas stations |
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206 | (1) |
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6.2.3 Underpayment of resource rent |
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207 | (2) |
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6.2.4 Government subsidies |
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209 | (1) |
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6.2.5 Financing costs below market levels |
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209 | (1) |
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6.2.6 Welfare loss caused by monopoly prices |
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210 | (3) |
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213 | (1) |
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214 | (3) |
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214 | (1) |
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6.4.2 Executive compensation |
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215 | (1) |
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215 | (2) |
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217 | (1) |
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217 | (2) |
Sub-Report 3: Administrative Monopoly in the Railway Industry |
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219 | (50) |
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1 Formation and Evolution of Administrative Monopoly in the Railway Industry |
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219 | (5) |
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2 Manifestation of the Administrative Monopoly |
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224 | (5) |
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224 | (2) |
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226 | (3) |
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2.2.1 Price control for ordinary trains |
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226 | (1) |
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2.2.2 Price control for high-speed railways |
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227 | (2) |
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3 Efficiency Analysis of Railway Investment |
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229 | (11) |
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3.1 Manifestation and causes of the investment deviation |
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229 | (5) |
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3.2 Estimated social welfare loss caused by the misallocation of the railway resources |
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234 | (4) |
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3.3 Logical errors in the large-scale investment in high-speed railway |
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238 | (2) |
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4 Safety on High-speed Railways |
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240 | (8) |
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241 | (2) |
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4.2 Rescue operations following the accident |
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243 | (1) |
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4.3 Handling of the accident |
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244 | (3) |
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4.3.1 Responsible individuals |
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244 | (1) |
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4.3.2 Responses to the accident |
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245 | (1) |
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4.3.3 Speed and price reductions |
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246 | (1) |
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4.4 Problems with the investigation report |
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247 | (1) |
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5 Monopoly Behavior and Rent-Seeking |
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248 | (12) |
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248 | (4) |
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248 | (1) |
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5.1.2 Railway passenger insurance |
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248 | (4) |
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252 | (4) |
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253 | (1) |
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5.2.2 Institutional rent-seekers |
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254 | (2) |
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5.3 Unconstrained administrative power |
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256 | (13) |
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5.3.1 A kingdom with its own judicial system |
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256 | (1) |
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5.3.2 Lack of accountability in the system |
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257 | (1) |
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5.3.3 Poor information transparency |
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258 | (2) |
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6 Zhang Shuguang's Case: A Classic Case of Using Monopoly Powers for Rent-Seeking Activities |
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260 | (2) |
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262 | (7) |
Sub-Report 4: Administrative Monopoly in the Banking Industry |
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269 | (48) |
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1 Status Quo of the Banking Industry in China |
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269 | (1) |
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1.1 Overview of the banking industry |
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269 | (1) |
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2 History of the Banking Industry in China and Formation of its Administrative Monopoly |
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270 | (3) |
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2.1 Formation of the existing banking system in China |
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270 | (2) |
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272 | (1) |
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273 | (1) |
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3 Manifestation of Administrative Monopoly in the Banking Industry |
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273 | (14) |
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3.1 Administrative department appointment of bank management |
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274 | (2) |
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3.2 Problems of bank supervision bodies: Inadequate effectiveness and independence |
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276 | (2) |
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3.2.1 A look at the effectiveness and independence of financial supervision bodies, taking the China banking regulatory commission as an example |
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276 | (1) |
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3.2.2 Establishment and dissolution of the financial work committee under the CPC central committee |
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277 | (1) |
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3.3 Government support to state-owned banks: Picking up the bill on bad loans |
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278 | (1) |
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3.4 Control over market entry in the banking industry |
|
|
279 | (5) |
|
3.4.1 Evolution of private capital's entry into the banking industry |
|
|
280 | (1) |
|
3.4.2 Institutional barriers to the private banking industry |
|
|
281 | (1) |
|
3.4.3 Village banks and microcredit companies |
|
|
282 | (2) |
|
3.5 Interest rate control in the banking industry |
|
|
284 | (2) |
|
3.6 Banks taking advantage of their monopoly position |
|
|
286 | (1) |
|
4 Distribution Distortions and Welfare Loss Caused by Interest Rate Control and Banking Monopoly |
|
|
287 | (6) |
|
4.1 China's control over the interest spread and its impact on the balance sheets of banking institutions |
|
|
287 | (2) |
|
4.2 Dual distortions from interest rate controls |
|
|
289 | (4) |
|
5 Estimation of the Banking Industry's Actual Net Interest Income and the State-Owned Banks' Actual Performance |
|
|
293 | (9) |
|
5.1 A calculation that gives a true view of the net interest income of China's banking industry |
|
|
293 | (4) |
|
5.1.1 Nominal income from net interest in the banking industry in 2010 |
|
|
294 | (1) |
|
5.1.2 Actual net interest income of the banking industry in 2010 |
|
|
295 | (2) |
|
5.2 Efficiency of the banking industry under administrative monopoly |
|
|
297 | (20) |
|
5.2.1 Efficiency gap between China's listed banks |
|
|
297 | (3) |
|
5.2.2 Efficiency gap between the top 10 listed banks across the world |
|
|
300 | (1) |
|
5.2.3 Actual performance of state-owned banks |
|
|
300 | (2) |
|
6 Estimation of Distribution Distortion from Adjusting Reserve Requirements Rather than Interest Rates |
|
|
302 | (10) |
|
|
312 | (1) |
|
|
313 | (4) |
Sub-Report 5: Administrative Monopoly in the Salt Industry |
|
317 | (34) |
|
1 Origin and Evolution of Administrative Monopoly in the Salt Industry |
|
|
317 | (10) |
|
1.1 Evolution of the salt industry |
|
|
317 | (5) |
|
1.2 Legal bases and related problems |
|
|
322 | (5) |
|
2 Organizational Structure |
|
|
327 | (2) |
|
3 Iodine Addition of Salt and Controlled Monopoly Prices |
|
|
329 | (7) |
|
3.1 Monopoly prices for edible salt |
|
|
329 | (3) |
|
3.2 More costly because of iodine addition? |
|
|
332 | (1) |
|
3.3 Large number of table salt production enterprises |
|
|
333 | (1) |
|
3.4 Overproduction of table salt |
|
|
334 | (1) |
|
3.5 Iodine addition to table salt: The awards are over but it will not leave the stage |
|
|
335 | (1) |
|
4 Production and Sale of Salt: A Two-Tiered Administrative Monopoly |
|
|
336 | (7) |
|
4.1 Inefficient allocation of resources in the salt industry |
|
|
337 | (1) |
|
4.2 Unjust, and harming private salt enterprises, upstream suppliers, and downstream consumers |
|
|
337 | (2) |
|
4.3 Rent-seeking and driving the supply of illegal table salt |
|
|
339 | (2) |
|
4.4 Income distribution under administrative monopoly —A case study of China National Salt Industry Corporation |
|
|
341 | (1) |
|
4.5 Extension of the monopoly power to the downstream industries |
|
|
342 | (1) |
|
5 International Experience |
|
|
343 | (3) |
|
|
343 | (1) |
|
|
344 | (1) |
|
5.3 Comparison of the salt industries of China, the US and Japan |
|
|
345 | (1) |
|
|
346 | (5) |
Sub-Report 6: Administrative Monopoly in the Sports Industry: A Case Study of the Football Monopoly |
|
351 | (18) |
|
1 Position and Power of the Sports Industry Associations in China |
|
|
352 | (3) |
|
1.1 Exclusive position of sports industry associations |
|
|
352 | (1) |
|
1.2 Power of the sports industry associations |
|
|
352 | (7) |
|
1.2.1 Power over managing athlete eligibility and related decisions |
|
|
352 | (1) |
|
1.2.2 Power over discipline and punishments |
|
|
353 | (1) |
|
1.2.3 Power over organizing and managing sports events |
|
|
353 | (1) |
|
1.2.4 Ownership and rights to profit from league games |
|
|
353 | (2) |
|
2 Dominant Position of Sports Industry Associations |
|
|
355 | (4) |
|
3 Harm of the Administrative Monopoly in the Sports Industry |
|
|
359 | (6) |
|
3.1 Infringement of rights and curbing the enthusiasm of league investors |
|
|
359 | (2) |
|
3.2 Harming the quality of league games and obstructing long-term development |
|
|
361 | (2) |
|
3.3 Over-centralization of power leads to rent-seeking and rampant corruption |
|
|
363 | (2) |
|
|
365 | (4) |
Bibliography |
|
369 | (10) |
Index |
|
379 | |