The Legal Regulation On The Monopoly Of The Electric Power Industry

Countries in the electricity reform process, gradually breaking the monopoly of the power industry.However,a variety of monopoly phenomennon is still persist.It is essential to the monopoly of the power industry to build a legal regulation system.This paper learn the advanced experience of foreign countries, analysis the problem of the legal monopoly of the power industry regulation,and in seeking ways to improve the "Antitrust" and to modify the "Electricity Law" on the basis of the existing electricity industry to resolve various issues.The first part introduces monopoly on the power industry the general theory of legal regulation. Including the meaning of monopoly power industry ,and the reasons for the formation of monopolies and the negative effect.The second part describes the England, the United States and the Japan monopolized the relevant regulatory experience in electric power industry.Including the industrial policy,regulatory and legislative three parts,and inspiration to our country on the basis of concluded the advanced experience of foreign countries.Its changes in regulation mode antitrust exemption,establishing a modern regulatory system,be differentiated on the regulation of various aspects of electricity industry chain monopoly structure and monopolistic behavior in aspects of power generation, transmission, distribution and sale of electricity.The third section focuses on our country's legal regulation of the monopoly status electric power industry and the existing problems.First,this article discuss the status of the legislative,there are antimonopoly law and some trade legislation;Second,this article lists monopolies of various links in the chains of electric power industry,agreements on restricting competition in the generation sector,abuse of dominant market position transmission links,distribution aspects of cross-subsidies,and the monopoly price of the sale of electricity links;Finally,proposed the defect of monitoring system in China's electricity industry,including the dispersion of regulatory functions,hysteresis of control method, the formation of electricity price mechanism is unreasonable,and the lack of law enforcement authority of regulatory agencies. The fourth section give some suggestions about the problems in legal regulation on the monopoly of power industry in our country. This paper suggested: first,changes in the model of regulation about the monopoly of electric power industry, clearly states it in the "Antimonopoly Law" about the abuse of market dominant position and the monopolistic behavior in the power industry generally applies to this law,but the monopoly structure of the transmission enterprises exception to immunity from this law.;second,difference regulation between monopoly of the power generation,transmission,distribution and sale of electricity links in the chains of electric power industry;finally,give some advices to improvement of our electricity regulatory regime,specific regulatory functions,classified the rights of electric market access and tariff regulation grasp in the Development and Reform Commission into the hands of the Electricity Regulatory Commission.Changes in the backward way regulation of administrative examination and approval division of the authority between anti-monopoly law enforcement agencies and idustry regulatory agencies clearly.