The Study Of Asymmetrical Regulation In The Field Of Telecommunication Law

The telecommunication industry has the characteristic of natural monopolization. At the initial stage of telecommunication industry development, the lawmaking in the most nations had all expressed a tendency of maintaining monopolization in order to support a scaled economic effect of the telecommunication industry. From 80's in 20th century, the telecommunication industry developed quickly, the telecommunication productivity had made a rapid progress. The telecommunication laws that protected monopolization system have already tied up the development of the telecommunication industry, so the countries in the world brought about to take the law reform. They divided a predominant company, or tried to limit it, or synthesize various means to support a competitor. In this process, in order to poise the real strengths of each company, to promote a valid competition, the not-symmetry control principle was born. In 1998 and in 2001, for the purpose of breaking monopolization and promoting competition, the government y took two reforms in our country, "the telecommunication regulation" and a series of administration regulations. Our government draws lessons from the not-symmetric controlling means in other countries, and supports some competitors successfully. This action which makes the telecommunication industry in our country makes a step again in the last few years. However, because of the progress of telecommunication industry and the boost of competitor's real strength in our country, the motion that boycott not- symmetry control upswing gradually, the claim of canceling not-symmetric control is more and more popular. Does telecommunication industry still need not-symmetric controlling in the present age in China? The writer thinks that, although the telecommunication market in our country has six big telecommunication companies, and there are many superficial competitors, but in subdivided market, there are still one company or two companies to monopolize, especially in mobile telecommunication realm, the predominant company "CMCC" becomes more and more strength and has more and more market influence in China. The efficient competitive situation has not realized at all. Not-symmetry control can't be withdrew in history stage, and in some realms it still needs to be strengthened.Following the principle of non-symmetric have permeated all aspects of the Telecommunications Act, it is can be said to be the soul of telecommunications laws and regulations. Although asymmetric regulation of China's telecommunications industry has been reflected in some telecommunication policies, compared with foreign developed countries, the narrow scope of application of the non-symmetric control, rough rules, single means have increasingly difficult for Chinese telecom to adapt to the rapid development of the telecom industry. In order to maintain a strong supervision to ensure the realization of effective competition in the industry and maintain the prosperity and development of China's telecommunication industry, the Telecommunications Act introduced to meet the telecom industry has become the urgent task. This article fully discussed the system of the telecom laws and regulations from the perspective of the telecommunications industry, comprehensively necessity feasibility of the asymmetric regulation of the legal system in China's telecommunications. On the analysis of the development of the telecom industry in this stage, in view of the legal system as the telecommunications problems, this article brought forward some concepts to perfect the asymmetric telecommunications legislation system:First, a good grasp of the overall legislation on the control of the Legislative principle and the non-symmetrical target of the telecommunications industry, a clear mandate and legal standards should be involved.Second, the laws and regulations of China's leading telecommunications operators found the rules of conflict. Practice proves that the legislation has been introduced to the telecommunications market hierarchical rules for determining the dominant operator accounts separation system, telecom cause risk fund system, number portability system, equality call system.Third, there are problems in China's largest telecommunications regulatory interoperability, the completion of interoperability asymmetric control, reconstruction of interoperability, including the burden of proof in disputes between the network and improving the clearing system, the introduction of compulsory lease system of non-binding network elements, and establishing a system for monitoring mechanism to transport costs.Finally, it is need to establish a strong and independent telecommunications regulatory institution, improve telecommunications industry associations and intermediary organizations and ensure the effective implementation of non-symmetry policy.