The Principle Of Universal Service Of Public Utilities In Terms Of Economic Law

All"Real Problem"in legal field derive from practice and shall be explained thoroughly from the point of theory. Legal phenomena are complex and ever-changing, but"The Theory of Law"has relative constancy in the historical time and space. The law is changing constantly but the theory is changing gradually, so with regards to the study of legal issues, we shall understand both the how and the why, and know deeper issues behind the legal phenomena. Only by doing this can we really grasp the essence of legal issues and respond to them rationally.The"Universal Service"as one of the basic legal principles and main ideas implied in regulatory laws and rules of public utilities, tries to seek for some kind of balance between market free competition and moderate national intervention, independent operation of enterprises and government regulation. The appeal touches upon the sensitive and controversial topic of the intervention of national public power on market private rights. Therefore, Rational explanation of ample and subtle knowledge of legal theory implied in universal service of public utilities on the level of Economic Law contributes to put and end to people's doubt on national right of intervention and make sure to realize universal service of public utilities under the dual systems of"The Visible Hand"and"The Invisible Hand". Thus, this thesis does not aim at describing every aspect of concrete laws or specifications in the department law but pays more attention to explaining and demonstrating the core of legal theory contained in the legal laws and norms of"Universal Service and it can be regarded as the scope of"Basic Theory"of Economic Law.The thesis is divided into three sections, namely, the introduction, the body and the conclusion.The body is divided into for parts, makes the detailed explanation on universal service of public utilities according to the internal logical relations, such as the Legal Ontology, Legal Axiology, Legal Methodology and Legal Sociology followed by study of nomology.Part I is the summary of universal service principles of public utilities; It illustrates basic problem of the notion, development path, connotation and denotation, etc. of"public utilities"and"universal service"and aims at making the readers have an overall grasp of the notion and terminology which will be mentioned in the thesis. Part II analyzes the basic theory of universal service principles of public utilities. This part is composed of two sub-parts, of which, firstly, the relationships between universal service principle and values of equity, justice, interest, rationality and human rights is studied from the view of axiology and it is placed under the ultimate care of the criteria of value. I work hard to explain in detail the theories of the idea of justice, public interest, consumer welfare, etc. by which the universal service principles of public utilities is relied on. Secondly, from the viewpoint of methodology and centering on the practical problem of the rationalities on how to realize the universal service principles of public utilities, the realization mechanism by using the theories of the national intervention, social responsibility of enterprises and incentive regulation, etc. to construct the universal service principles of public utilities is proposed.Part III discusses the imperative of universal service principles of public utilities in the perspective of economic law. Following the value orientations implied in the universal service principles of public utilities as mentioned in the preceding part of the text, this part studies the essence, subject, object and content of universal service principles of public utilities from the perspective of economic law, strives to establish a complete legal words system of universal service principles of public utilities and answers the meaningful imperative question of"how to do"of universal service principles of public utilities.Part IV discusses the problem shall be paid attention to in the application of universal service principles of public utilities. From the view of legal sociology, in the process of realization, once the study of universal service principles of public utilities contacts with external factors of economy, politics and culture, etc., it may suffer from the legal risks of the public utilities restricting competition and carrying out illicit price behaviors on the grounds of providing universal services, and the proposal of realizing the maximum of legal adjustment effectiveness through strengthening government regulation, perfecting planning and design, and bringing in the hearing system of prices, etc.Conclusion: the conclusion of this thesis is described in two main lines from the essence and connotation of universal services. Firstly, starting with the perspective of basic research, it points out that universal services of public utilities is one of the typical expression forms of effective intervention of the national public power on market private rights under the market economy. The science of law, especially the science of economic law which is the basic legal form of state's intervention on economy, should pay more attention to the study of universal service of public utilities. Secondly, from the level of application study, it indicates that the establishment and realization of universal service of public utilities is the inevitable demand of the own requirements and historical justification of universal services. Any public utility with time responsibility must regard the undertaking of universal services as the spiritual core of enterprises and carry out it in the production and operation activities.