Utilities Privatization Legal Regulation Research

Privatization of Public utilities refers to modifying the original structure of the state-owned and state-operated utilities and permitting the private capital taking part in it in the scope of the Public Utilities such as electric power, telecommunication, water, railway, gas, post and so on, which have the national monopoly and need regulated. During this process, the key issue is to do away with the monopoly and introduce the competition. Therefore, the establishment of the legal system of binding and encouragement effect is necessary to the regulation on the Privatization of Public Utilities.In the respect of the Law of the Market Regulation, this article claims that it should construct the model of the legal regulation on the monopoly and competition during the Privatization of Public Utilities on the basis of the progress of theories of the regulation on the international public utilities and the review of the experience of the regulation of Anti-trust law on the public utilities, in connecting our national conditions. This model includes: 1, the basic target is the government's regulation on the Privatization of Public Utilities and on the encouraging system; 2, the general application of the Anti-trust law is to limit the monopoly and maintain the competition; 3, to bring into play the roles of the supervision system and action system of the legislation to balance the power binding of the regulation system, in order to rectify the ineffective actions of the regulation and to make the whole regulation tend to be better.This model of the legal regulation aims at coming to play the roles of encouragement and binding functions of the legal system of the market regulation to provide rules serving as the standards to the monopoly and competition during the process of the Privatization of Public Utilities of China in order to realize the market competition in this area.