Administrative Law. Utilities Regulated By The Government

This article attempts to provide analyzes of governmental regulation for Public utility from the administrative law angle. Full text is mainly from following three part obtaining:Ⅰ. "The Public utility and the market-oriented tendency" including "Concept of Public utility","Development way of Public Utility" and "Market-oriented tendency of Public utility" three aspects. The author first aims at the Public utility to limit the fuzzy present situation, after compare with many sorts of definitions of different scholars, starts with the characteristic of Public utility, gives own definition about the Public utility. Afterwards elaborates the different historical stages, and the public development way under different theory instructions. Finally, proceed with the malpractices of Public utility in old management pattern; analyze the inevitable market-oriented tendency of Public utility.Ⅱ. "The necessity and limit of governmental regulation for Public utility" including "The implication analysis of Regulation","The necessity of Governmental regulation for Public utility " and "The limit of Governmental regulation for Public utility" three aspects. First, the author acts according to the domestic correlation legal document to limits of regulation and the definitions of regulation by the domestic and foreign scholars, embarks from the key constituents of regulation, to give own definition of regulation. Next, proceed with the special nature of Public utility and the flaw of the market, analyzing the necessity of governmental regulation for Public utility. Finally, through the phenomena analysis of "excessive regulation","lack of regulation" and "captive of governmental regulation" , etc, points out that governmental regulation for public utility should have the limit. And starts with the idea of regulation, the legal basis of regulation and the scope of regulation these aspects, carry on the analysis of the limit of regulation. Thus realize the moderate regulation by government.Ⅲ. "The ways of governmental regulation for the Public utility" including "The governmental regulation for the market admittance of the Public utility", "The governmental regulation for the scheduled runs of Public utility" and "The governmental regulation for the market retreat of Public utility operators" three aspects. First, at the stage of market admittance, this article analyzed the concession deeply, one of the ways for government to regulate the public utility. Base on the investigation and study of kinds of issues occurred in the way of concession, the author brings forward the very solution, which also help to form the basis for the real operation of governmental regulation for the market admittance of the Public utility. Second, at the stage of scheduled runs, this article analyzed many existed issues in the governmental regulation of price, competitive order, quality and safety. And the author brings forward the relative solutions. Make sure that the governmental regulation can serve for society and citizen actually. At last, when the operators of public utility quit the market, this article analyzes the way that how the government regulates the public utility to maintain the stabilization of society and market order, to achieve the general,continuous,stable provision of service and products in Public utility from two sides, quit naturally and quit unnaturally.