Industry Regulation Under The Rule Of Public Law

The substance of regulation is to seek an institutional balance between freedom and order;while the public law managements of industry regulation is the platform to achieve the balance.Taking the overall relationships between market and government as the background,this dissertation principally deals with the establishment and developments of industry regulation during both the economic and the social institutional reforms in China;inspects the coal industry in transitional period;analyses the present situations and problems of govemment powers' exercises on regulation;studies the renovations and public law managements on regulation,so as to build a theoretical foundation for both the public law managements' study and the institutional reforms on govemment regulations in China.The dissertation is composed of five chapters as follows:The preface chiefly introduces a series of problems included the topic's backgrounds and meanings,the study' dimensions and methods.Chapter one defines 'regulation' from the public law's dimension. First,includes the regulation theory into the administrative law study system,with the study on the interrelationships between the regulation transitions and the administrative law's developments in the common law context,summarizes the features of regulation theories such as built of substantial 'rule of law' theory,stress on the realization of administrative purposes,provision of internal study's dimension and so on.Second, comparing with the traditional administrative law system which has been focused on the core position of administrative actions,concludes that regulation is a rather special public law language both as an effective method to study administrative law developments in the new era and as a test place for administrative law to reflect on public administration's renovations,so as to emphasize the meanings of public law study.Third, with inspections on the regulation's public profits' purpose,defines 'freedom' and 'order' as public law's values of the government regulation. Finally,put forth public interest principle,addition principle,proportion principle and efficiency principle as the public law's principles on modem regulation.The aboved elements altogether constitute both the basic public law theories on regulation and the guiding principles of public law managements on regulation as well.Chapter two deals with the legal surroundings of industry regulation in transitional period;mainly analyses and summarizes the basic legal surroundings of the industry regulatory mechanism.First,studies the systematical changes of the coal industry in China during the past half century;summarizes the meanings of regulative powers from transitional dimension.As a whole,the government regulation system focused on economic developments,has experienced the following different stages as the planned economic system,the relaxed economic regulation,the encouraged professional autonomy,the strengthened social regulation and so on,which not only represents the process that the state powers have been gradually divided and transferred to society and civilians,but also testifies the features of the Chinese government regulation's development compared with western countries' from freedom to regulation developed mode.Second,with the primary analyses of the status of professional autonomy and the autonomous powers,concludes that the industry regulation's institutions in transitional period should rely on state powers and should progress social autonomous powers under the help of government regulation.Finally,discusses the important problems existed in the industry regulation's system,which includes the simplicity of the regulation rules,the ir-reasonable structures of regulation institutions,the offside and vacancy of regulatory powers and so on.This is both the start point of the industry regulation's reforms and the key point of the public law managements on industry regulation.Chapter three mainly studies the offside and necessary limits of economic regulatory powers under the value of order.Started from market access,market prices and market exit,systematically analyzes the offside of the regulatory powers from empirical dimension.First,summarizes different kinds of licenses' systems and its interrelationships under the market access;and with the study on public law analyses,points out the mismatch between the purposes and the instruments of the regulation; further claims that the market itself is an important substitute for regulatory instruments.Second,discusses the basis and the restricted elements of the pricing regulatory powers;tries to put forth pricing regulatory mechanism under the guidance of energy universal service. Finally,examines the rationalities of the government's compulsory regulatory method considering resources combination and industry developments,from the dimension of market exit;and analyzes protection of credit and compensation regarding government's compulsory closing mines.The primary purpose of government regulation is to promote market freedom and to serve economic order;therefore we should promote a perfect market through the limits and managements of regulatory powers.Chapter four is about the improvements of regulatory powers and social justice.It mainly studies both the vacancy of social regulatory powers under the value of justice and its necessary improvements.The discussion is focused on the regulation of industry safety and resources protection.The former chiefly discusses the justice of industry safety regulation and regulatory purpose,which is to protect the miners' lives and heaths;summarizes the present situations and problems of the legal institutions on industry safety regulation;analyzes typical regulatory instruments from the dimension of administrative law;claims to apply modem regulatory instruments such as democratic participation;stresses to analyze the application of regulatory rules;points out the difficulties of regulation;and claims cost-benefit analyses and democratic participation to be the effective managements.The latter chiefly analyzes the limits of regulatory instruments on resources protection;claims to update regulatory ideals with public law's inspirations and such;and optimizes the choices of regulatory instruments.In a word,we should promote to realize social justice with due advances and managements of regulatory powers.Chapter five is about the public law managements on regulatory reforms.To control the regulatory powers is the mission of the public law regulatory institutions' studies.First,summarizes the social backgrounds of regulatory reforms in Chinese transitional period;concludes that the goal of regulatory reforms is to establish a 'rule of law' government; further claims that the trinity of 'rules-standards-policies' is the foundation of regulatory reforms and professionalism is the direction for institutional constructions.Second,claims that the emphases of Chinese industry regulatory reforms are laid on procedures and responsibilities.From the procedural dimension,regulatory reforms include establishment of procedural justice ideal,application of new regulatory methods like bargaining regulation and responsive regulation,and systems of procedural laws.From the responsibilities' dimension,regulatory reforms include analyses of 'capture theory of regulation',checks on regulators, establishments of strict regulatory responsibilities,and a responsible government ultimately.Finally,concludes that performance evaluation, which includes the chief contents and the legal mechanisms,ensures the realization of the regulatory reforms.