Study Of The Legal Regulation Of Natural Monopoly Industries In China

The legal structure of the natural monopoly has deep law and economics origin. About storing abolishing or elasticity question of legal structure of natural monopoly, become the common topic of law circles and economic educational circles. Our country at present is making antimonopoly law which should include natural monopoly industry in structure field of antimonopoly law. This text plans to carry on some discussions to the relevant problems of industry's legal structure of natural monopoly of our country. The full text is divided into five following parts:First part focus on introduction concept of natural monopoly economically, The traditional view explains to analyze the natural monopoly in terms of large-scale production, for production technology has characteristic of large-scale production, the average unit cost decreases progressively with increase of the output, thus the minimum most effective scale requires that only the production of an enterprise. By the eighties, the economist has redefined, set up the natural monopoly instead of the foundation of the large-scale production in the weak increasing of the cost in new definition. If the cost of enterprises can be added partly on all relevant output, this trade is a monopoly trade naturally, which does not require the economical scale.Second part analyze that the natural monopoly industry exempts the rationality of the position legally on the antimonopoly law. For a long time, the system exists except regarding such traditional natural monopoly industries as the telecommunication, postal service etc. as the antitrust application of law in various countries, the government undertakes the regulations about these industries more. Its weak increasing of cost and public interests under the natural monopoly of theoretical foundation protect the theory. But because X - the efficiency and government control captive, control the existence not working, scholars have queried to their theoretical foundations in terms of real example. On the other hand, investigate according to history, take postal service as an example, the monopoly of postal service does not take shape naturally -The cost characteristic of the national mail service is not a technological foundation of economy of forming the government monopoly. In fact, it is the strong enforcementof the law of decree and government; just guarantee the national postal service with competition advantage of the cost wins in the market competition. Even if the natural monopoly does not lack its certain rationality in theory, but can really demonstrate efficiency higher than the free competition and social welfare in practice?The third part On the basis of analyzing the natural monopoly industry of the tradition and monopolizing the characteristic in various degree, nowadays recommend choosing the trend in policies on industry's structure of natural monopoly of various countries. On one hand various countries relax the government control to the natural monopoly industry one after another, generally carry on essential control only to the strong natural monopoly link. On the other hand, the antimonopoly law begins to get involved in the field of the structure; especially it is not that a natural monopoly link is a competition link to direct against. Various countries revise relevant legal norm as one's own antimonopoly laws, etc. in succession, industry does not exempt but exists the traditional natural monopoly as the legal department on the antimonopoly law again.The fourth part Introduce the natural monopoly industry of our country and reform the state mainly. In our country, because of long-term planned economy, traditional natural monopoly industry appear country monopolize, economy monopolize with administration monopolizing stationing of " the Trinity ". Natural monopoly industry abuses their advantage situation of status take place occasionally, a competition behavior of competitiveness business that the monopoly industry strips out from naturally of norm is directed against, and how structure, business of preventing from naturally monopoly abuse market power, which is still less likely to involve.The fifth part summarize the legal structure current situation to the natural monopoly industry of our country, and then propose the antitrust law must be combined with government control, take different structure measures to different links in the natural monopoly industry. The establishment of the law enforcement agency of the antimonopoly law wants the actual conditions of the consideration oneself while drawing lessons from foreign method, it must set up with the stability of the antimonopoly law and carry out high-efficiently.