Research on the legitimacy of the entity of administrative act -- Based on Ali Group’s anti-monopoly sky-high administrative penalty case

Abstract

The topic of this paper is the legality of the Alibaba penalty case. Research methodology of the article is using the general standards of legality of administrative behavior, the application of the principle of separation of powers, whether the violation of the basic provisions, the protection of the principle of reliance and the prohibition of abuse of power, so as to achieve the effect of reviewing the legality of the discussion of the four major perspectives. In this case, the judgment results of the fine link, does not satisfy the proportionality principle of proportionality between the means and the end and the proportionality principle of the discretionary system, it is Based on the judgment, the legality of the administrative penalty imposed by the General Administration of Market Supervision on Ali Group’s monopolistic behavior is still open to question.