Study On Public Utility Law

Privatization and de-regulation of the public utility are important parts of privatizationof public duties and the New Public Management. It is necessary for the AdministrativeLaw to study the public utility law because the public utility is indispensible for human lifeand the nature of regulation is the intervention of the government in the market. To studythe public utility law, it is not only for the reform of the public utility to get the directionfrom the Administrative Law, also for the Administrative Law to get practical significanceand update theories. This paper studies the public utility law in the view of theAdministrative Law systematically by research methods of the Empirical Analysis, thecomparative study, the research method and achievements of other subjects.Chapter1, Study on the regulation in the view of the Administrative Law and thepublic utility law. Conceptions of the public utility and the regulation have been givenfirstly. secondly several sets of relationships have been analyzed: the Administrative Lawand the study of the regulation; the regulation and the administration; study on theregulation in the view of the Administrative Law and in the view of the Economic Law, theanalysis shows that the public utility law is a new area of the Administrative Law,additionally, the public utility law is the watershed of the study on the regulation betweenthe Administrative Law and the Economic Law. Lastly the connotation, the denotation andthe system of the public utility law have been given.Chapter2, The comparison between china and other countries on the historicaldevelopment of the public utility law. Firstly the historical development of the publicutility law of USA, Britain, Germany, France has been review, and a summary of theexperiences of these countries has been given. Secondly the historical development of thepublic utility law of our country has been review and the system of public utility law hasbeen listed, which provides a basis for pointing out common points and differencesbetween china and the developed countries. Lastly the update of theories in theAdministrative Law has been discussed including the Administrative Law of the developed countries and our country.Chapter3, Some subjects of the public utility law. The legal status of public utilityenterprises has been analyzed firstly. There is a same development experiences of the legalstatus of public utility enterprises in European countries turning from subjects of the publiclaw to subjects of the private law, however, the turning of the legal status of public utilityenterprises didn't hinder the widespread and continuous providing of the public utilityproducts. In our country there is a contradiction between the legal status as the privatesubjects of public utility enterprises and providing public utility products. Secondly theindependent regulatory agencies in the USA and Britain has been introduced, themanagement system of the public utility in our country has been list, in addition, someadvises has been given to establish a system of specialized regulatory agencies in ourcountry.Chapter4, Contents of the public utility law. Firstly regulatory contents of publicutilities before and after the regulatory reform have been listed. Secondly regulatorycontents of public utilities of our country have been listed, with problems being pointed out.Thirdly the influence of the change of regulatory contents on theory of the administrativebehavior has been discussed. Lastly utilities franchise has been analyzed in the view of theAdministrative Law.Chapter5, Liability of the public utility law. Firstly a new system of liability of theregulator named regulatory impact assessment (RIA) has been introduced, somesuggestions has been given to set up RIA in our country. Secondly affects on the judicialreview in developed countries of the regulatory reform and the response of the judicialreview has been analyzed, the reform of the judicial review in our country has also beenpointed out with the discussion of the judicial review on utilities franchise contract.