Study On The Regulation Of Public Utilities Regulatory Reform And Anti - Monopoly Law In China

In the 20th century, privatization and liberalization of the Utilities is one of the important activities of every country in the world. For the utilities privatization and liberalization, it refers to changing the way which state-operated and let the private capital invest in the undertakings which are monopoly and needed to be controlled like electric power, telecommunications, water supply, transportation, natural gas and postal service. The purpose of privatization and liberalization is to make the Utilities get rid of the Government's control, by loosening the government control and recommending the competition system. But the main problems of this process are loosening and removing control as well as recommending competition system.Under the special environment of the economy reform in our country, it would be more complicated for us on the liberalization of the Utilities than other countries. Since the control force cannot be divided from the Government and the Utilities department, and there is no legislation for how to loosen the government control of the Utilities.The privatization would not be effective if lacking of the legal requirements to get rid of the monopoly and to maintain the effective competition, as well as in the absence of explicitly provided authority of the control body in proc ess of privatization of utilities. At the same time, the phenomenon of monopoly in disguised form will still be existed in the utilities due to lack of the legal control. Nevertheless, the situations are even more critical. During the period of the utilities get into the free competition of the market rapidly from the excessive control of the government, the utilities will be on verge of bankruptcy due to lack of time for adaptation .Or the utilities will becomes the best stepping stone for the international large enterprises to get into China, in the consequence of the impossibility of effective control of the control body under the rapid open of utilities.As our country has joined the WTO, it accelerates the pace of the Utilities privatization. It is extremely urgent for the renovation of the government control, set up and completes the relative legal provisions over the Utilities.The control theory and the renovation theory of the Utilities will be discussed in this essay with the examples in the developed countries. With the reference to the telecommunication liberalization in Taiwan, A new proposal will be suggested after the innovation of the Utilities control in order to fit the legal system course of the PRC.