The Rule Of Law, Government Regulation Of The Telecommunications Industry

Governmental supervision of telecom business is the direct intervention by governments or organizations entitled by governments in the telecom market structure and corporation actions according to the law with regard to the natural monopoly in economy, the safety in politics and the interconnection in technology of the telecom business, the purpose of which is to improve the efficiency of the allocation of the telecom market recourses, to protect the subscribers to equally utilize the telecom infrastructure and to make the telecom services meet the needs of the public. The thesis mainly addresses the following questions: supervisory participants, namely the subjects and objects of the supervision, and the focus is the installation of supervision institutions and the positioning of the supervisory power; and how to supervise, namely the varied means, methods and instruments employed to realize the supervisory aims. The thesis chiefly analyzes the basic principles and mechanisms of the governmental supervision of telecom business, by comprehensively adapting the methods of theoretical analysis and comparative induction. It contains five parts. The first part is the preface. It reviews the current situation of government supervision of telecom business, and then puts forward research problems to confine the domain of exploration of this thesis. The second part deals with basic theories of government supervision of telecom business. At first it defines the concepts and the characteristics of the telecom business. Then it elaborates the basic theories of the governmental supervision of telecom business which includes: the concept and classification of the governmental supervision, the concept of the governmental supervision of telecom business, the significance of legalization of government supervision of telecom business,the theoretical basis of government supervision of telecom business and the goals of the telecom supervision. The third part compares two different government supervision models. According to the legal nature of the supervisory subjects, government supervision models fall into two types: the English pattern and the American pattern. By comparing the legal basis,supervisory institutions and supervisory contents of these two patterns, the thesis makes a summary and highlights its implications.The fourth part introduces the legal operating mechanism of government supervision of telecom business. In this part it chiefly analyzes the government supervisory system and the exercise and supervision of the supervisory power. In the supervisory system it analyzes the natures,the development trend of supervisory institutions and the relationships between supervisory institutions and industry self-discipline. As to the exercise of the supervisory power, it mainly analyzes the nature,the contents and the fields of the supervisory power. Eventually it analyzes the supervision of the supervisory power. The fifth part discusses the legalization of government supervision of China telecom business. China telecom business has achieved great progress, but both the telecom business itself and the supervision of telecom business are faced with many difficulties. The reasons lie in its mechanism, the legislation and the lack of constraint to the supervisory powers. Therefore, the key issues to be solved in the future include the telecom legislation,the supervisory mechanism and the exercise and supervision of the supervisory power.