Research On The Regulation Of Chinese Telecommunication Competition Law

Ever since the establishment of PRC, the Chinese telecommunication industry has acquired great improvement. Especially during the recent 20 years, the basic telecommunication service and value added telecommunication have been taking a fast pace. However, compared with the telecommunication industries in western countries, the Chinese telecommunication industry still has a lot of problems, and one of them is monopoly. Such monopoly may cause market barriers for competitors, unfair distribution of public resources, unfair competition, monopolistic pricing and low quality telecommunication service. As for such monopoly, we must completely erase it. Nevertheless, the telecommunication industry has a character of scale economy; the average cost will decrease with more services to be used, so that the telecommunication industry has a character of natural monopoly. Thus, as for the problem of anti-trust in telecommunication industry, we must treat it in a different way. We must take into account the practical situation of China when introducing such a western concept as anti-trust in the Chinese market. Also we shall learn from the lessons and experiences of other countries and take up the reform of anti-trust and anti-unfair competition in Chinese telecommunication industry so as to make it more and more prosperous.This dissertation is divided into 4 chapters:The first chapter is divided into 3 sections, and it argues on the characters of telecommunication industry and the development of Chinese telecommunication industry. The first section argues on the basic concept of telecommunication services and introduces the character of telecommunication industry, which is natural monopoly. It also analyzes the reasons of the telecommunication industry's natural monopoly. The second section pays an especial attention to the governmental monopoly in the telecommunication industry, which is the most dangerous monopoly of all. The third section goes back to the history of the development of Chinese telecommunication industry. In which section, the author lists several problem needed to be resolved.The second chapter is divided into 3 sections, and it argues on the current competition order of Chinese telecommunication market. The first and second section argues on the monopoly and unfair competition problems in the Chinese telecommunication. The third section analyzes the monopoly and unfair competition problems in the Chinese telecommunication industry from three aspects, which are industry character, legal problems and structure.The third chapter is divided into three sections, and goes deep into the competition regulation in the Chinese telecommunication industry. The first section argues that the competition and competition regulation is a kind of interacting process. When the development in the telecommunication industry is quite smooth, there is no need for the government to impose too much control. However, when the development of telecommunication industry is not balanced, the government shall impose necessary regulation on the market. The second section introduces the American and British modes of telecommunication market. This section argues that we shall learn from America and Britain so as to improve the Chinese telecommunication industry.The fourth chapter is divided into 4 sections, and it gives answers to the question raised in this dissertation. The first section argues on the general ideas of the competition regulation in Chinese telecommunication industry. The second, third and fourth section raise several ideas and suggestion on the reform and improvement of Chinese telecommunication from the point of economic structure, legal control and regulation system.