从行政垄断的主体、客体、手段、后果等四个方面综合分析,我国成品油市场存在着行政性垄断行为的现象,其具有不合理性,危害巨大,严重减损石油消费者的整体福利,阻碍成品油市场化改革,影响国家对成品油市场的监管,为垄断企业实施限制竞争行为提供便利.成品油市场行政性垄断现象的产生主要是由成品油行业主管部门运用行政权力制定含有排除、限制竞争内容的规范性法律文件造成的,这些政策性文件的效力层级较低但获得了最有效的执行,为成品油企业攫取行政性垄断权和高额利润提供合理依据.为了有效治理成品油市场行政垄断行为,应深化改革成品油定价机制,削弱其行政管控力;降低市场准入门槛;培育多元化的市场竞争主体;逐步加大定价机制的市场化程度;建立有效的法律监管体系;完善相关配套措施及其制度内容.%From the four aspects of subject, object, means and consequences of administrative monopoly, there is administra-tive monopoly in the refined oil market in our country. It is irrational,endangering the overall welfare of oil consumers seriously and hindering market-oriented reform of refined oil products. What's worse, it will affect the state's supervision of the refined oil product market and facilitate monopoly enterprises in implementing their restrictions on competition. The administrative mo-nopoly in the refined oil market is mainly caused by the administrative power of the refined product oil industry department mak-ing normative legal documents that contain contents excluding and restricting competition. These policy documents have low lev-els of effectiveness but obtained the most effective implementation,providing a reasonable basis for the refined oil enterprises to seize administrative monopoly power and high profits. In order to effectively regulate the administrative monopoly behaviors in the refined oil market,we offer the following suggestions:deepening the pricing mechanism of refined oil products to weaken its ad-ministrative control;reducing the market access threshold; fostering diversified market competition body; gradually increasing the degree of market pricing mechanism;establishing an effective legal supervision system;and improving the relevant supporting measures and system content.
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