Study On Supervision Law Problems Of Three Networks Convergence Industry

In the recent ten years, research on tri-networks integration has always been a hot spot in economics, law and political science and other disciplines. At present, integration pilot work which characterized by two-way entered broadcasting and telecommunications (Internet) developed slowly in China. even some scholars are pessimistic about the prospects of integration due to regulatory barriers. From the abroad tri-networks integration experience and the regulatory regime of our pilot plight, the research on legal supervision system is necessary. Most of Chinese economists research on the importance and tri-networks integration models based on economies of scale and competition, but less people research from a legal point of supervision legal system on tri-integration. In this paper author study from the perspective of economic law on the supervision law problem in the process of convergence. He is trying to learn from foreign experience, theory and reconstructed tri-networks integration supervision theory and system.Supervision legal issues starts from the concept of tri-networks integration as the cornerstone of the article. Informations, transmission, media, telecommunications, communications and other related concepts of tri-networks used by Chinese academic and industry make chaos and increase the difficulty of definition. The essence of the integration is the industry convergence of telecommunication network, Internet and TV network caused by the development digital technology and transfer technology. The tri-networks integration related industries all have natural monopoly, externalities and public characteristics which in need of industry legal regulation. Industrial regulation theory such as natural monopoly theory and competition theory provides legitimacy theory evidence regulation. Foreign experience has shown that integration success must formulate relevant laws and establish regulators first, Integration process running under the legal control, and legal supervision requirements will be higher after completion. China is still in its social and economic transition period. A variety of interests and conflicts are intertwined,tri-networks integration should be under the control of the regulatory law. At the present stage of tri-networks integration choose services integration is a better choice.Network integration is increasingly deepening and challenges existing regulatory concepts and specific system.The legal concept of industry regulation on tri-networks integration needs to be updated, regulatory law should be based on community basement, correctly handle the relationship between regulatory processes of justice, fairness and efficiency. The purpose of industry regulatory is a great many, the main of them focus on the protection of the interests of consumers and effectively compete of tri-networks integration market based on China. Philosophical foundation of industry regulation law embodied in the relations between market order and free. Legitimacy theory provides a theoretical basis for China’s tri-networks integration regulatory legitimacy.The Constitution is the guide industry and regulatory sources of law. Supervision must be carried out by institutions in accordance with the law to exercise, regulatory agencies set up models and regulatory power allocation system supervision system.The rise of regulatory authority in the global and power configuration changes, confirmed the necessity of regulation and power configuration of science from the realistic perspective.The evolution of Chinese tri-networks integration industry regulators and the situation of the existing regulatory power allocation proved that power allocation dispersion and the division of powers clearly has a direct impact on the convergence process. Foreign developed country merged law stipulates regulatory authority, and the establishment of different form of unified regulatory mode, Unity and independence is a common feature in foreign tri-networks integration regulatory. China should consider the supervision institution reconstruction about system of ownership and property right structure, market structure, separation of the party and government, and the competition regulator factors. Networks convergence in China supervision institution reconstruction should adhere to the network and the content of separate supervision, into two separate institutions discrete regulatory elements and network, and set up a permanent mechanism of comprehensive coordination of the two independent regulatory agencies.Regulatory limit is market failure, The market play a decisive role in the allocation of resources. The scope of regulatory power changes with the development of market. there is no competition of tri-networks integration industry in natural monopoly situation. The market is the basis of competition, the market competition is the soil of industry regulation.Through the Rational analysis of market access system in tri-networks integration related industry, proposed reconfiguration of China tri-networks integration industry market access system. Industry regulatory focus from economic regulation to social regulation. Network supervision focus on economic regulation, key point changes from price regulation, interconnection, quality supervision, into the scarce source configuration, universal service. Internet content regulation focus on social supervision. After integration, information explosion.The problem of Internet and traditional broadcast television content security, consumer interests protection, minors interests protection requires strengthen social supervision. So China has to implement the integration industry network and content of discrete regulatory mode. The convergence of network supervision in the Department of Public Works letter regulation is established based on the telecommunications network, radio and television cable network or other electronic information network to the uniform network regulation.It will be involved in regulation and supervision program about how to exercise supervision right. It needs to change the way of supervision as tri-networks integration industry has some fusion way which can not adapt to the market development.Exercise supervision not only use the traditional administrative means, but also the innovation of new means. Legal procedure not only has the tool value but also has self value. Supervision right is the public power, modern society of regulatory taking of the authorized way, which requires power in accordance with the procedures of legal regulations on the use.Regulators have the protection of national authorization, and legislative, law enforcement and other important powers, which in most cases is regulators (even strong) in the relatively dominant position, and regulators are born with the power of the tendency of expansion, regulators is always trying to increase the number of its own access and license types. Then a question will be bring up, how to supervise the regulator of tri-networks integration industry? limiting the regulators’power must limit the regulatory functions first, one supervisor can not have multiple regulatory functions; then followed by the exercise of the power requirements and program control; Then require people involved in regulatory activity and transparency once again; finally, establish and perfect the judicial review and accountability.