China's Railway Industry Is The Introduction Of The Mechanism Of Competition Law

In our country, following industries such as the telecommunication, electricity, the railway becomes another great focus of the reform. Because of the managerial system of the indistinction between the functions of the government and those of enterprises of railway trade, investment subject single lacking investment structuring and strict market accessing, price controlling that investment risk restraining from, these questions exist, railway transportation increase, meet national economic growth and need of the social development while being difficult, even form" threshold" which restricts the economic growth. So, the system reform of the railway is very urgent. This text just is written under this background.First of all, this text has studied the basic theory of industry's reform of natural monopoly, starting with from the meaning of a word that is monopolized, And then it analyze the natural monopoly industry with the economic theory of the range。This kind of theory thinks that can save the social cost to monopolize in the natural monopoly industry, improve the social welfare。It is ensuing chapters that expound the fact railway products or service of trade have accurate public product nature and have monopolize getting natural to finish theory foreshadowing。At the same time carried on the analysis with general significance to the characteristics of natural monopoly enterprises, such as fixed network systematicnes; Huge and precipitating of capital investment; It is public that products or service has very strong societies. But focal point and purpose of this analysis are very competitive links and natural monopoly links of the interior business of the natural monopoly industry, Because of this characteristic, we can refine the thinking of going out of the railway industry's reform of our country from it,. It is the infrastmcture of the railway trade including railway, bridge, communication signal system and deployment command system witch has very strong monopoly links and operation department naturally, including passenger traffic, freight transportation, vehicle, can compete for products link of property should separate the structure, i.e. the reform mode of" the network and transportation are separated"Among chapter two, for verify railway system of Chinese need reform badly, explained that natural drawback of monopoly industry first, it have proposed three major drawbacks: i.e. enterprise's operations objective dual nature of natural monopoly causes the interests to be difficult to coordinate, operator one's own interests but damage interests of consumer often, because external competition pressure lack, cause monopoly this kind of in the enterprise competitiveness enough at the same time. The subdivision dividing the work with development and industry of science and technology, natural monopoly links and the lines of demarcation of competitive links are obvious day by day inside natural monopoly enterprises. Railway industry must have as natural monopoly industry similar drawback and interior business their appear monopoly link and very competitive link combine too under situation this Situation stored. So further the technological characteristic of economy to the railway trade is analyzed the article, and point out of our country railway mixing type of industry adjust mode come the stage that must be reformed under the environment of market economy on this basis, it have emphasized the managerial system of the indistinction between the functions of the government and those of enterprises and market access barrier high, engage in without competition, efficiency low condemning under the environment of market economy of industry of the railway emphatically. And analyze for the evidence with the feasibility of the system reform of the railway.Pointing out railway natural monopoly until can competitiveness coexist as natural monopoly industry, the railway trade is regarded as enterprises publically with enterprises at the same time. Through the careful analysis of this chapter, this article offered the support of fact and theory for carrying out the transition to China's railway system reform and imagining the putting forward of the mode.In chapter three, the text analyzed the reform experiences of these developed countries after studying the reform courses of railways of developed country such as U.S.A., Britain, Japan and Germany, etc. So as, make indicator lamp and function that warn to Chinese reform of railway: Among them it is the most important thing of reforming the content in the railway to separate government function from enterprise management. This measure is that the management system of railway transportation is put forward to our country's current "merging government administration with enterprise management into one". Because such rigid management system make railway transport enterprise difficult market subject to become independent management, the enthusiasm and creativity of enterprises receive the great containment; At same time, government should relax the railway and controlling, introducing the competition, use lever of price supply and demand system to regulate railway transportation and pass market-based financing construction and development railway foundation of industry power. Particularly administrative management function of government of the railway industry put forward by the next chapter, state-rim function and public policy function, contributor of assets, bear imagination by Ministry of Railways, State-owned Assets Supervision and Administration Commission, national development and reform committee respectively.Chapter four is a focal point of this thesis. This chapter is analysed and researched on the legal aspect for each measure of the structure reform of the Chinese railway system. To the legal structure principle of the industry of the railway, should follow antimonopoly law and trade and supervise the principle of running side by side, because we find in preceding analysis the interior business of the railway trade can be divided into very competitive business and monopoly link of nature. Like this on lasting structure and supervising railway the links getting more competitive varies of the industries with trade law offering structure to railway network of monopolies natural with antimonopoly law. And distinguish the structure to very competitive link and natural monopoly links of the railway trade, treat respectively. In government organ of reorientation being at the issue of function, propose administrative management function, state-run assets contributor's function and public policy function of government in the industry of the railway are undertaken by Ministry of Railways, State-owned Assets Supervision and Administration Commission and national development and reform committee respectively, in order to realize the government and enterprises separate completely. Implement the normal transformation to company to railway enterprises at the same time, entrust to its independent making decisions on operation and management, mould the railway to become entity and the market competition main body of legal person that really realize independent management, profit-and-loss responsibility, selfdiscipline, self-development. To the supervision aspect of the industry of railway in the government, the government should regard loosing the market access, introducing the competition and improving the price structure as the supervision focal point.Also finally this thesis analyzes the railway investment and financing system of industry, and proposed the imagination of improving legal flame of systems of the railway on the basis draw lessons from other scholar's views.The innovation of the thesis has the following several points: Carry on the railway trade on the principle of the legal structure, implement antimonopoly law and trade and supervise the principle of walking abreast, distinguishing the structure on the basis of distinguishing natural monopoly links and very competitive links; In adjusting and splitting up the function of the government while realizing the reform of division between politics and enterprises, have proposed the administrative management function of government in the industry of the railway, state-run function and public policy function, contributor of assets, bear imagination by Ministry of Railways, State-owned Assets Supervision and Administration Commission, national development and reform committee respectively; In aspect of Improving the price supervisory system which accords with competition mechanism, though the thesis has not put forward the concrete price structure mode, have proposed an evaluation criterion: I.e. no matter which kind of price supervision mode should make railway trade monopoly operator of business have, feel pressure to reduce operating cost naturally, while it improve or damage social welfare at least.