Legal Regulation Of China's Monopoly Of Public Utilities

To be brief, public utilities is the corporation which can provide service for public through network or another infrastructures. For example, the telecom, electric power, railway and so on. Because it is related vitally with public life, so its development is always paid attention to by our legal realm and the economics realm. But in the last few years, its tradition develops mode of the irregularity is more and more outstanding. How to get rid of monopoly in the public utilities and strengthen the regulations becomes a hotspot in the research of academe. Especially, with the establishment of the Anti-monopoly Code drawing nearer and nearer ,and with the step of open-door market comes more quickly after we joined the WTO ,getting rid of monopoly and leading competition in public utilities enter in a calendar.Though from the 90's in last century, we carried on a series reform in the traditional system of public utilities, such as decrease or cancel the public finance subsidize, carry out the system which may fix a price according to the cost etc. But if we observe as a whole, we can see that the reform range and varieties in the public utilities are all smaller than in other realms during the past twenty years. In our country, most of the public utilities have the administrative powers and manipulate the market There are a lot of problems in the development and reform of these public utilities. As to this point, drawing on the western experience, a lot of scholars offer the following advice that a competition mechanism be introduced to break the monopolized market and the management of state-owned enterprises be replaced by the private enterprises to promote the development of the public utilities. This is the popular opinion. Although we have a deepening understanding of public utilities, the research on the reform is in a primary stage. There are a lot of theoretical issues that we do not attach importance to such as the practical measures of reform, the risk brought about by the reform and the risk-prevention measures, and so on.Except the preamble and the conclusion, this paper falls into four parts. The first part is an introduction on the definition of the public utilities and an explanation on the causes of the position owned by the public utilities. The second...