A Study On Government Regulation Of Telecommnication Industry Of China

Government regulation is a controversial concept, this controversy to a certain extent, has also led to the theory of diversification of government regulation and, ultimately, is difficult to form a mainstream theory which occupies the dominant position, but the consensus of the classification of the government regulation of scholars is Obviously, that is mainly divided into economic regulation and social regulation. Traditionally, the telecommunication industry is a highly monopolized industry, with strong technical characteristics and economic characteristics, concerning public management and public service functions of the executive power, the development of telecommunication industry is crucial to national policy and people' life, to the protection of the public interest, thus, government regulation of the telecommunication industry is extremely necessary. Government regulation of telecommunication industry in China has experienced the following three stages: the beginning of telecommunication competition, the first split of China Telecom, the second split of China Telecom, China's telecommunication industry has developed by leaps and bounds after the three stages of reform, but there still Survive a number of deficiencies.China's government regulation of telecommunication industry mainly includes market access regulation, price regulation, regulation of general enterprises and regulation of foreign-funded enterprises, formed a vertical and centralized regulation system as the core of Ministry of Information Industry, under the system organs of regulation policy formulation and implementation are combined to one, which will inevitably preclude the smooth development of regulation. The current telecommunication regulation in the context of a market economy, is the requirement of governing the country according to law, is a pressing need to execute international obligations. However, due to the existence of the reasons for the system level and the reason of the imperfect legal system such as non-separation of legislation and the main subject of all law enforcement, the neglect of regulation costs and benefits, non-separation of enterprise and administration, non-separation of fund and administration, and non-separation of regulation and administration, there are still much obvious flaws in government regulation of telecommunication industry in China. It is of important significance to learn the experience from developed countries in the condition that the theory of Chinese telecommunication regulation is not yet developed currently.The United States and Britain are the first national countries in telecommunication regulation, the two distinct yet having the same good results in the control model bring us an important insight on telecommunication regulation: make legal system sound, safeguard independent regulation, protect the public interest and develop regulation policy facing to the world. On the basis of absorbing the two countries' experience of regulation, we can not divorced from the actual national conditions of China, it is necessary to create a reform framework of system in regulation of Chinese telecommunication industry, this paper presents specific countermeasures to improve government regulation of Chinese telecommunication industry. we must first update the concepts and turn this concepts into the legislative and institutional innovation; Secondly, regulating scientifically, providing the effective protection rules to the healthy functioning of China's telecommunication industry, promulgating the "Telecommunication Act" maintaining a certain flexibility and tension; Third, innovating China's telecommunication industry from the level of the regulation system, establishing an independent regulatory bodies, realizing personnel independence, fund independence, regulatory functions independence and evaluating the regulation performance; Finally, improving regulations, establishing evaluation system to regulation performance.