| The market economy operates in a free competitive pattern in which the economic person seeks maximization of his benefits. However, due to its unique nature the government-restrainted competition, not the free competition should be applied to some industries which are called "natural monopoly industries" by economists, while because of the consumption exclusion and consumption discrimination, it is hard to price some goods and services which are called public goods because they are provided by the government not by the private sectors. In China, the public goods have been provided by the government because non-governmental capitals are not allowed to enter into such industries as are controlled by the government. The development of social economy has largely increased the demand for such goods and services as are produced by the natural monopoly industries, which can't be met by the government under the financial pressure. Consequently it is necessary to reform the administration of such industries and to introduce the non-governmental capitals. For this reason, the author discusses some law issues which may occur in the process of adopting the charter management to reform the administration of the natural monopoly industries, in the hope that it will be of great help to the reform of the natural monopoly industries and public goods industries. In a normative and positive analysis way, the thesis demonstrates that the government should take some regulatory policies to regulate some industries because of the market failure and the chartermanagement should be introduced into such industries on the ground that the traditional regulatory policies have been out of date by reason of economy and administrative law. And then the author makes a preliminary discussion about some law issues concerned with the charter management. Part one is the first chapter of the thesis which makes an analysis of the connotation of the charter management, including the concept and the nature of the charter management, the discrimination of the related concepts, the restriction on the charter management, the effect and the term of the charter management. Starting from the differentiating the civil charter management from the administrative charter management, the author defines the charter management as a management of the public goods or resources monopolized and controlled by the government that is granted through a specific procedure. The charter management is, in fact, a right enjoyed by civil subjects to monopolize the public goods or resources monopolized and controlled by the government ----including the central government and the local government ----through a specific procedure. The management is subjected to some special law and rules and regulations, which is characterized with complexity, timeliness, payablity, dual nature and public welfare nature. Part two consists of the second chapter and the third chapter which expounds the theoretical bases of establishing the charter management. The second chapter explains the reasons of establishing the charter management from public welfare perspective. The public welfare theory deliberates that themarket failure makes it necessary for the government to regulate the economic life. And the diversity of the market failure needs different solutions to different market failure. For example, the western countries adopt regulatory policies to natural monopoly industries and public goods industries, but recently some reforms have been taken to introduce the competitive mechanism, such as deregulation, price regulation and privatenization of national enterprises. In China, however, the government has long since monopolized and controlled these two industries which causes a low efficiency in national enterprises on the ground of financial pressure, diversity of the purpose of the governors and the agent problems and can't cater to the development of the society by providing more goods and services. Therefore it is a practical choice to introduce the non-government... |
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