Legal Regulation Of China's Telecommunications Industry

The telecommunication is an infrastructure industry that has the equal complexity and equal scale and a complete natural monopoly to break the industry under the system of our country planned economy. Since the Chinese telecommunication was divided into southern and northern in 1994, the reform that the market economy of the telecommunication industry began in our country. This text analyze the characteristics of the telecommunication industry, put forward to the way of the telecommunication industry reform, and put forward to the reform project of the law rules system.The first part is to analyze the character of the telecommunication by elaborating the basic concept and character. Analyzing from the economics angle, under the economic integral whole in world and the technique impact of the high-speed development, the telecommunication industry have not been the traditional meaning natural monopoly , but the inevitable profession of the effective competition mechanism. The establishment of the effective competition mechanism must take the perfect law rules system as the foundation.The second part is to analyze the present condition of the monopoly in our country telecommunication industry. First, analysis of the management behavior of the government section in our country telecommunication industry, the role fixed position of governor is not pure, the administration control is unfair, which disadvantage in forming healthy and orderly market competition. Then to carry on analysis on the reformed market structure and form in our country telecommunication industry, from fixed telecom and mobile telecom two basic markets commence,divided and dismantle reorganization did hot build up the effective competition market, each sever separate and rule each other, the mutual communication problem is outstanding.The third part is the apocalypse that all countries telecommunication reform to our country, opportunity and the challenge that WTO will bring for our country telecommunication industry. Thereafter, elaborate the telecommunication lawmakingreform of European all countries and the United States first, introduce the lawmaking development of anti-monopoly , United States' experiences to dismantle the bell company to open the markets, such as Long-distance telephone call and network, etc, until 1996 the promulgation of new the telecommunication law, The privatization progress of the telecommunication industry in all European countries is speeding, the local area telecommunication industry cooperate strengthenly and sign of the global foundation telecommunication agreement take on important push and the apocalypse functions to the reform of the telecommunication industry in our country. After our country enter into the WTO, the telecommunication industry must get rid of the administration monopoly by all means, establish effective the market of the positive competition. The competitive order in the telecommunication industry inevitable request the premise with the rule of law of the telecommunication industry.The forth part is the establishment of law guarantee system that the anti-monopoly of the telecommunication industry in our country. Our country hadn't yet built up a perfect telecommunication profession rules system, the anti-monopoly regulation hadn't yet been built up, the telecommunication regulation in the class is low, it can't adapt the accelerated development of the telecommunication profession. The Chinese telecommunication profession with heavy administration monopoly's color result in various irregularity, obstructing the formation of the effective competition system of the telecommunication profession seriously . China requests the opening market by all means, loosen the telecommunication profession's control after the entry into WTO, but the existing system of organization and the law system can't adapt this kind of request.The purpose of the Chinese telecommunication industry's reform lies in breaking the monopoly, carrying out the effective competition. Seen from the substance, the dismantle type reform can't solve the problem of mechanism layer in Chinese telecommunication profession's system , only to solve the problems which on the surface but can't solve the original problems, we must build up a telecommunication profession's rules system with the anti- monopoly regulation ascenter to regularize reform of telecommunication industry, carry out rule by law of the telecommunication profession, the outstanding problem in telecommunication profession can be resolved originally. It carried out the market structure of the effective competition ultimately. This thesis puts forward to a series of anti-monopoly regulations system that centers on anti-monopoly law, bases on telecommunication law, the establishment of organization of anti-monopoly and the system of litigation of anti-monopoly.