A Study On The Legal Regulation Of Monopoly In China 's Telecommunication Industry

Telecommunications industry is an important industry for the development of national economy, is also the basic industries for our life to provide services. After several reforms and restructuring, the telecommunications industry has made some progress. But, at the same time, monopoly problems also emerge in an endless stream, which not only hinder the further development of the telecommunications industry, destruct the telecom market competition order, but also damage the interests of consumers, bring inconvenience to our life. With the development of 4G,5G era is coming, it is necessary to break the monopoly, introduce competition to promote the development of the telecommunications industry.The context of this dissertation is as follows:The first part is the introduction, it takes the case of Telecom China Unicom antitrust case in 2011 as an example, mainly analyses the background and research status of the monopoly of the telecommunications industry, the value of this dissertation, through combing the scientific system of telecom industry regulation scheme, so that China’s telecommunications monopoly problem to obtain a better solution in practice;The second part introduces the reform of China’s telecommunications industry, analyses the natural monopoly of China’s telecommunications industry characteristics and causes, and cited the telecommunications industry in the administrative monopoly and abuse of market dominance;The third part mainly elaborates deficiencies from legislative and regulatory agencies of monopoly regulation in China telecom industry, then it analyses existing problems of the "Telecommunications Regulations" and "Anti Monopoly Law" in the regulation of the telecommunication industry, points out that the telecoms regulators lack of independence and professionalism. Finally, the author called on to further accelerate the process of reform in the telecommunication industry;The forth part introduces the history and characteristics of the telecom industry development in United States, Britain and Japan, proposes some enlightenments for China’s telecommunications industry reform from the three countries;According to the problems analyzed in the third part of China’s telecom industry regulation, the fifth part draws on the experiences from U.S., U.K. and Japan telecom industry, combines with the actual situation of our country, puts forward some suggestions from Telecom basic law, the anti monopoly law and telecommunications regulatory agencies.It draws a conclusion to improve China’s Telecom monopoly through the analysis, accelerate the introduction of the basic law of the telecommunications industry, it is necessary to put "break the monopoly, introduce competition" into the law, complete the legal system of telecom supervision. We should improve the current "Anti Monopoly Law", pay attention to the protection of the rights and interests of consumers. It also needs to set independent telecommunication supervision organization as soon as possible to ensure independent, fairness and impartiality of supervision.