The Research On Legal Regulation Of Anti-Monopoly In 3G Times Of China's Telecom Industry

Since a long time ago, the transmission of message has been necessary for people's communication and contact. In the modern economic society which is base on the exchange of knowledge and information, high efficiency and low cost of information transaction is more'and more important.Even though we have stepped into 3G times, but for the historic of monopoly on information and the missing use of modern technology, the telecommunication industry is also in monopoly. This phenomenon goes against with Adam Smith's free economic theory. At the same time, it also hamper the development of modern telecommunication industry and the whole economic.After the restructuring of telecommunication industry, new competition circumstance has coming with 3G certification. Under the new technology, new market and new policy, there must be a new round of competition between Chinamobile Chinatelecom and China Unicom. And new style of monopoly may appear.This article begins with the history of the telecommunication industry's monopoly. First of all,, according to the introduction of the reform and reorganization of China's telecommunications industry in sixty years, conclude the generation, development, and formation of China's telecommunication monopoly. During this course, in order to remove monopoly, the government implemented three split and reorganization to introduce competition in. Although China has an improvement on breaking the monopoly and introducing competition after the passage of several restructuring, there are still some phenomenon of unfair competition like maintaining monopoly and resisting competition. Such as the hostile takeover rival's equipment, destruction of the rival's facilities, damage reputation and so on. In the meantime, in order to occupy more resources, the operator even ignore the waste of social resources, invest and construct of communications infrastructure repeatedly. Secondly, scholars think the telecommunications monopoly has two different characteristics, natural monopoly and administrative monopoly. The author analyze and compare the definition and characteristics of the natural monopoly and administrative monopoly, combined with technological development and social progress, social change brought a impact on telecommunications monopoly, so that the current telecommunications monopoly is the semi-market behavior under the government of the state..Then, according to the development of China's telecom market, the author has forecast on the trend of the monopoly and competition of the 3G licenses telecommunications market. In the end, for the monopoly of China's current status and future trends, the author make a discussion on what should we do to measure the monopoly of China's telecommunications under the new situation. The measure divides into the anti-monopoly agency settings, the adjustment of the anti-monopoly policy and the legislation of the anti-monopoly.