A Study Of Legal Regulation To Network Infrastructure Industries Under The Competition Perspective

Facing the common legislative problems of all Network Infrastructure Industries (NIIs hereinafter), this study has been tailored main concerning the legal regulation to NIIs from the competition perspective and the whole research is focused on the attribute of net of the NIIs. First of all, after a carefully comparative research on the regulation legislative patterns of NIIs, the study indicates that both the government direct regulation (GDR hereinafter) and the regulation by anti-monopoly law (RAL hereinafter) are co-exist since the competition mechanism being introduced into the NIIs. Then, the study provides an observation of the changing tendency of legislation both in GDR and in RAL field since the government de-regulation movement. Finally, the study, based on lessons and experiences of developed countries, gives a discussion on how to from both GDR and RAL perspectives to improve the legislation to the NIIs in China.The study indicates that the attribute of net of NIIs shall be the fundamental basis to government regulation since researches on the NIIs'economic characteristics show that an effective government regulation mechanism should be set up on the basis of NIIs'economic attributes.The study also provides a systemic observation on regulation legislative patterns to NIIs, indicating that the co-existence of GDR and RAL in law level is the result of the co-existence of market competition and natural monopoly since the government de-regulation to NIIs. The starting point of how to re-build GDR mechanism shall be focused on how to sculpture an effective competition market since the de-regulation has been a popular trend.