Competitive Reform Of Public Utilities Law Regulation

Public utilities are public products of our country and important component of important provider and public-owned economy of the service, it is a difficult point of the socialist economic system reform too. Whether the economic transition of our country could be realized smoothly, whether the welfare of the masses of people could obviously increase , it is closely related to management state and performance of public utilities . The competition afoot has reformed and shown some effects tentatively too, but the game rule of relevant markets has not been really set up yet, the legal structure is an important means to accord with modern demand governed by law.The goal of the competition reform is to relax and rebuild the government control , open the markets, attract the pluralistic investment subject, introduce competition mechanism , realize the abundant effective competition . Legal structure include how relax and is it control to rebuild government , how content of maintaining etc. it will be fair order soon. According to this thinking, besides foreword, this text launches from five following respects: First part The main general theoretical question related to public utilities is the reason why its monopoly position is made especially and in the characteristic that our country possess. Second part Have analyse the drawback that the trade of public utilities of our country monopolizes, has introduced practice antitrust to public utilities abroad, how instead of unanimous question on the competition rule to put forward under background of accession to the WTO, and then has confirmed that carries on the legal structure principle of the competition reform and frame of the legal system. Third, fourth, the fifth part Legal main content of structure, control in accordance with the law from government, antitrust regulation make and launch to structure 3 that government control, among them the third and the fourth part is focal points of this text. Have used the concept of " partnership public and private " ( cooperates public and private ) in the third part, our country a lot of area that public utilities reform motive to introduce the fund lacked first, reorganizing recombinating to public enterprises, thepluralistic investment subject is the strong embodiment cooperating public and private. But it is not enough to only reform system, there is no market structure of abundant competition , danger that individual monopolize produce, so this text emphasize cooperation and unity of competition mechanism public and private; still need government control clearly at the same time , but this is a duty which is regarded as the public administrator, the focal point is the setting-up of market access , price control , information announcing system. The fourth part It is the antimonopoly law that, to the applicable involvement of public utilities, because a lot of trades or links of introducing competition mechanism have not dispelled the characteristic of monopolizing in management, this will abuse the market and arrange the focal point as the antimonopoly law of the status behavior with the structure soon. The fifth part For supervising the government control designing the legal rule , utilize existing resources governed by law to restrict the government's power , guarantee the not infringing of the effective competition order of the market and social public interests.