The Research On Legal Regulation Of Anti-monopoly In China's Telecom Industry

The anti-monopoly of the telecommunication industry is recognized that the focus is the break of structure monopoly,because of its natural monopoly's attribute. The reform of China's telecom industry reflected precisely this point.Along with the deepening of the reform,the problems of structure monopoly have been gradually easing,however,the problems of behavior monopoly have surfaced and become the main contradiction of anti-monopoly of China's telecom industry.Furthermore,with the development of telecom industry,the monopoly behaviors of operators have involved basic telecommunication service and value-added telecommunication service,which make the study of monopoly behaviors have a wider domain in telecom industry. Communication Act and Anti-monopoly Act are being drafted, and the paper suggests that the typical monopoly behaviour and related legal regulation should be written into Communication Act, and essential facilities doctrine should be received by Anti-monopoly Act to realize the fair open of telecommunication network infrastructure.Anti-monopoly Act should not receive the exception of natural monopoly industry application. Considering the fact that the legal regulation of monopoly behaviour need the cooperation of telecom competent authority and anti-monopoly law enforcement authority, the author suggests the construction of coordination mechanism should be emphasized and show my opinion.Chapter I The attribute and characteristic of telecom industry's monopoly. Firstly, this chapter introduces the natural monopoly'attribute of telecom industry and weakening theory. Secondly, the author stresses the characteristic of telecom industry's monopoly is monopoly structure and monopoly behaviour, which is the base of further elaboration.Chapter II The focus of anti-monopoly in telecom industry has shifted----from structure regulation to behaviour regulation. The theory of control system of monopoly and natural monopoly are applied to explain the reason of shift. In addition, the author proves the shift by the status of China's telecom industry.Chapter III The typical monopoly behaviours and their regulation in telecom industry. This chapter is devoted to introduce typical monopoly behaviours according to service classification, concerning basic telecommunication service and value-added telecommunication service, which enable the research to have practical significance.Chapter IV The system's construction of monopoly behaviour's legal regulation in telecom industry. This chapter mainly focus on the combine of industry regulation and anti-monopoly law enforcement and the construction of telecom industry's law and anti-monopoly law. In addition, it is important to build a harmonious mechanism between the departments in charge of telecom and anti-monopoly Law enforcement agencies in order to regulate monopoly behaviors effectively.