On The Legal Problems Of The Market-oriented Transformation Of The Communication Industry Of Our Country

The market-oriented transformation of the telecommunication industry was firstly taken place in the western countries for the following reasons: firstly, the new development of economic theory broke through the traditional confinement of the monopoly theory, this made it possible to introduce competition in the telecommunication industry; secondly, the swift development of science and technology weakened the monopoly attribute of the traditional monopoly industry, thus weakened the entrance limitations set by the regulation organizations. Tremendous achievement has been made through market-oriented transformation in the western countries which directly propelled the market-oriented transformation of the telecommunication industry of our country. With the economic integration and globalization, the telecommunication industry of other countries will become direct competitors of ours, market-oriented transformation is the only and reliable way of improving this industry and remain competitive.The enforcement of market-oriented transformation is a kind of reform, such reform is initially displayed in the property right system, it is the foundation and starting point. Reasonable competition and the law of the market can only be attained by the competitors of different interest. The introduction of competition should be based on perfect property right system, which made it necessary to improve property right system by means of orderly competition. Secondly, the main method and content of competition between different service providers is price, and the telecommunication products has semi-public product attribute, the setting of its price is on the one hand determined by the law of the market, and on the other hand receive regulations from relative department, so as to safeguard the right and welfare of the customers. Price hearing should become the important basis in price decision-making. Thirdly, interconnection is the key factor of competition between service providers, the focal point of regulation lies in the leading operators, define their legal obligation of interconnection in the business liscence, strengthen their illegal responsibility especially their civil compensation responsibility is benificial for the regulation department to achieve their objective. Fourth, because of the public attribute of the telecommunication products, universal service becomes one of the main goals of the governmental regulation organizations. The introduction of competition has changed the structure of the telecommunication industry, from the traditional monopoly tocompetition operation, such transformation makes it necessary to change the traditional administrative decree which requires the China Telecom undertake the universal service obligation only. Abide by the principle of fair and transparency, collect universal service funds from all operators, provide such service by way of concluding a treaty through competition is the suggested way.Our country has already taken firm paces to the market-oriented transformation in the telecommunication industry, contradiction of interest is unavoidable during the process of breaking the monopoly and the introduction of competition, but through the construction, completion and innovation of relevant systems, orderly competition environment will take shape, and only in this way, the telecommunication industry of our country can sustain an unassailable position in the globalized competition of the telecommunication industry.