| In 1969, America first introduced competition mechanism into the fundamental communication fields, after that, other western countries followed one by one, and such a tread also spread into the developing world. At last, antitrust and competition-promotion became a worldwide tide. In 1994, the ChinaUnicom has came into existence, and China also join the line of antitrust in fundamental communication fields. To our great disappointment, 9 years has passed, the monopoly market has not been changed into competitive one, and the consumer has to accept high communication fees. So, what causes our failure, does the monopoly-control system have something wrong? To resolve the puzzle, I write the paper.The research object in this paper is the monopoly-control system in fundamental communication fields, in this paper, I have used the comparative study, positivism study, and also economic analysis, just to discuss the fault in our monopoly-control system, and also to find the cause of that. The final aim is to give out some countermeasure.The novelty in this paper is the analysis way, in fact, the whole monopoly-control system in fundamental communication has been divided into several different law department such as antitrust law, communication law, etc. In this paper, I have used a result-oriented way to analyze the ways to control monopoly. Why do I use such a analysis way? The answer lies in the famous words of the great law-society jurist such as Roscoe Pound. Since law is the means of the society-control, the division of the law sometimes may bind up our thought, which is not a good thing. The whole paper is divided into five chapter, the main content lies as follows:The first chapter is to discuss the aim of the monopoly-control system in the fundamental communication fields. In the early development of communication fields, the theory of nature-monopoly has been the rage, such theory believes only monopoly can bring the highest productive efficiency under the great economy of scale, under the influence of such theory, the aim of monopoly-control system in the fundamental communication fields is not to break the monopoly, but to maintain the monopoly and keep away the abuse of the monopoly market status. The main control means is the regulation by the government such as price-control. Hereafter, with the development of the communication technology, the economy of scale has fallen, so the economists have in general had a suspicion of the nature-monopoly theory. Meanwhile, other analysis result also shows that the monopoly enterprise often cannot reach its highest possible productive efficiency. So, the aim of themonopoly-control system in the fundamental communication fields has changed, now, we look forward to breaking monopoly and promote competition.The second chapter is to discuss the means to breaking monopoly and promote competition. Followed the competition criterion , the means of breaking monopoly can be divided into two parts. One is to control the market structure. To do that , we have to make a choice between separating the monopoly enterprise into several small ones and lifting up the market access in the fields. Through analysis, I believe the latter one is a better means to control the market structure. The other is to control the abuse of monopoly status. We have to use government regulation and antitrust law, The two means have different function, if we use them together reasonably. We can finally break the monopoly and promote competition.The third chapter is to analyze the monopoly-control system in the fundamental communication fields in our country. In consideration of the difference before and after 1998, I divide the whole antitrust course into two phase. The first phase is from 1994 to 1998, and the second phase is from 1998 to present. Through the analysis of the first phase, I find that there exists some puzzle in our the monopoly-control system in the fundamental communication fields. On the one hand, the monopoly market has not changed, and the high communicat... |
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