Research On The Legal System Of Railway Transport Market Access

Since the concept of "market access" was introduced from abroad, there has been no standard or uniform understanding in China till today. Given the scope and focus of this paper, the author sets out market access as follows:Chinese government's direct control or intervention on an entity's market entry through legislation and according to legal procedures so as to realize certain public policy.Railway transportation market access means the legal system whereby the government determines, verifies and confirms on a candidate entity's conditions, qualification and business scope before its entry into the railway transportation market. Railway transportation market access is more than an economic issue, but a legal issue. Railway transportation market access is only meaningful and effective by way of laws and regulations.Theoretically speaking, the ideal scenario is to achieve a balance between effective competition and scale economy, as well as between economic fairness and economic efficiency & order. This kind of balance also needs to be institutionalized by a developed legal system of railway market access. It is quite necessary and extremely significant to accelerate the establishment and improvement of railway transportation market access, either from the perspective of safeguarding fairness, enhancing efficiency and improving the socialist market economy system, or from the angle of accelerating railway reform and development. However, research has shown that there is still a long way to go for China's regulation on railway transport market access.In light of the above-stated background, this paper starts by understanding the concept of "market access" in terms of economics and the science of law so as to stress its nature of economic law; explains the complexity of railway market transportation access through the analysis on railway's features of scale economy and etc. as a traditional natural monopoly sector; and sets out the essentiality and significance of establishing and improving railway market transportation access. Then, the paper explores the theoretical basis for railway market transportation access, including economic theories like natural monopoly, contestable market and effective competition and science of law like the principles of fairness, efficiency and order, which can be of reference and guidance for railway market transportation access. The paper also seeks to draw valuable insights on railway market transportation access through the introduction and analysis of the practice of railway market access in UK, USA, Japan and Russia. Then, the paper points out the current status of China's railway market transportation access, which is far from developed and lacks adequate legal system and environment. Based on the above research and analysis, the paper finally tries to set the direction and target for China's railway market transportation access and finally makes proposals on the establishment and improvement of railway market transportation access, from both macro and micro perspective.