A Study On The Legal System Of Private Capital Admittance In China 's Telecommunications Industry

In recent years, the development of the global economy low MI, so that Chinese economic development has been a certain impact,which exposed our economic development of the market saturation lack of vitality and Chinese economic structure is unreasonable..In Chinese telecom industry, state-owned capital holdings and the monopoly of the telecommunications market, making Chinese telecommunications market lacks competition and develop slowly..To solve this problem, the state proposed the introduction of private capital into the telecom market,in 2015 the "two sessions" period, Li Keqiang gave a speech called "national government work report" in 2015,which pointed out that in each industry vigorously introduce folk capital active market.Get the sufficient accumulation of private capital in China’s fast economic development for decades,encourage the development of private capital can solve China’s telecommunications market lack of vitality of the problem, reasonable guide private capital in the telecom market flows also help the structure of our country’s reform of telecom market.To truly realize the private capital entering the telecommunication market will need to establish a perfect legal system of market access, is not only conducive to the development of folk capital in the telecom industry, but also conducive to the government regulation of telecommunication industry.but at present, the telecom industry of our country private capital access and imperfect legal system,the existence of market access standards are too strict problem,Main performance for the private capital of the main qualifications too restrictive access path, and can operate in the telecommunications business scope of private capital, private capital access administrative license system and the folk capital entering into the telecom industry exists many limitations.Therefore, the development trend of Chinese current legal system of private capital access of telecom industry and the telecom market is complete.Trying to introduce private capital going into the telecom industry should provide standard operating and legal guarantee for the good,therefore, in the development of the telecommunications market access system should fully consider the appropriateness of the access standards, both to activate private capital in the telecom industry vitality, and fully guarantee the stable telecom market and information security,market access standards should not be too strict, not too loose, so that it can better guide the private capital in the telecom industry development.This paper is divided into four parts: the first part introduced China’s current situation and deficiency of the telecommunication industry of private capital to enter legal system.This part of main body qualification, market access into the telecommunications industry from Chinese folk capital market access business scope, the administrative license system of market access, market access path of several aspects of the analysis,come to our country existing telecom industry private capital access standards are too strict, is not conducive to private capital into the problem.The second part has carried on the analysis to the reason of this problem, starting with the public ownership economy system theory, bounded rationality, collective negative external theory,In reality the problem and in the reform of telecom industry market access system time cost,government guidance, information security protection are described.The third part, combing the American and Japan telecom industry reform experience, proved the necessity to introduce private capital in the telecommunications industry, and learn from the outstanding achievements of the reform process.The last part of the combination of Chinese current legal system of telecom industry access to the advantages and disadvantages of private capital and foreign telecom industry reform experience,this paper put forward the principles of private capital going into the telecom industry should follow,putting forward some reference suggestions to perfect the market access qualification, body and into the telecom industry from the private capital market access business scope, the administrative license system of market access, market access path aspects.