The Research On The Legal Regulations Of Government's Fixed Price Behavior In Our Country's Public Utilities

Along with the depth development of Chinese market economy, the reform of public utility should be carried out with the Chinese realistically national condition, and is connected with the problems of other systems in the process of the reform and development. Under the kind of thinking, a content of the reform of public utility is the change of the government's fixed price mechanism immediately in the public utility, and builds the fixed price mechanism of the benign interaction between the government and the guild of public utilities or consumers, to solve the localization price problem of the public utility, protect the consumer benefit, and maintain the order of competition. As government departments have benefit motivation in the process of fixed price and its fixed price behavior concerns about social public interest as well as populace's social welfare, how to delimit this behavior, research the legitimization and validity of its fixed price power and carry on the effective rules for it is an important topic in the research of the public utility, such as the industry of the railroad, the shipping, the posts and telecommunications, the telecommunication, the electric power, the running water, the coal gas and so on. The regulation of the government's fixed price behavior in the public utility in china has some problems. So we may carry on it's consummation, referring to the practice of the law regulations about the government's fixed price behavior in the public utility in other countries such as US, England, France, Germany, Japan, and considering the double characteristic in our country's public utility about monopolization and administration. The former aims at the coordination about the relation between the correlation price laws and the special law of the public utility in the constitution frame; the latter pays attention to the restructure of regulation on the level of the legislation, judicature. This kind of restructuring includes that the indirect regulation like the guided price and the limit price high is carried on in those industries that need to introduce the competition or whose partial services need to relax the extent of the government control about price in order to provide the broader competition space for the public utility; for those industries that need strict government control, the government is requested to fix a price according to the legitimate procedure, and give dual attention to the market economy rule so as to full display the economical leverage about price. At the same time, for those industries that have been relaxed control, the government must implement the efficient control as before from other aspects and join the essential social control to guarantee the realization of the social overall benefit.