On Public Enterprises To Introduce Competition Mechanism Of Legal Issues

The modern market economy is competitive economy, competition is fundamental market economy regulation. In the course of development. Competition have become the most average phenomenon, which can be found anywhere. Competing as one kind of dynamic activity, which is that one process selecting the superior and eliminating the inferior, exactly the same as "natural choice ", the marketplace benign competes for will do effective operator of meeting talent showing itself, wins a consumer with it's the product or the advantage serving; At the same time, a little insufficiency competition enterprise is at a standstill or declines with the trend, Therefore, competing for the entrance implying get in and out freely, but new marketplace enterprise is the link competing for key in process. Ought to say, unique existence to have the constraint affecting to be a marketplace is the barrier competing. Under some situation, the competitor can not enter a marketplace free or at least unable effortlessly, the existence enterprise has already composed the protection effect on some species degree on this pair of marketplaces. Economy monopoly,administration authority excessiveness interfere with the sum law forbid new enterprise entrance, having corroded the enterprising spirit gravely , having destroyed the effective competition, having brought along efficacy lessening, and having damaged the entire market economy and consumer right ultimately .at present, In the operation course of market economy, the person who competes for the obstacle factor originating from a marketplace mainly being on the throne, owns the market power especially abuse marketplace advantage, who raises the system barrier and the entering the barrier .The survival of the fittest mechanism competing is therefore likely to produce a marked effect sufficiently , the marketplace entrance is free as long as removing this two kinds barriers, aspect that can form a benign, the marketplace is opened bringing about competition, build market mechanism and order premise condition. The marketplace is opened bringing about competition, which is premise condition of building market mechanism and order. In order to keep effective competing, ensuring the variety of benefit service with consumer's welfare, we must eliminating the behavior restricting competition, decompose the monopolizing structure, and structure legal norm competitive system and order.Because of raring resource incompletely, scale economic effect and the other technical economy characteristic, public enterprise are regarded as tradition's monopolizing industry for many years, which are not competitiveness field. The marriage partner carries out strict control on the operator in the field of service charge and price except tradition anti-monopoly law applies to public enterprise monopoly column for. on economy angle ,the monopoly Character of Public enterprise are considered monopoly managing only maximization; As for law angle, on tradition, anti-monopoly law of every country exempts commonly to public enterprise effectuation. Public enterprise being monopolized or being restricting the original intention competing, is to think to the effect monopolizing what be had scale economy characteristic property naturally to cost reduction, but to achieve the opposite of what one intended. What be brought about enterprise is short of the force, poor efficiency being innovative, high-priced, the bureaucracy manages as well as public enterprise has maximized for profit-push but abuse, will do high cost, poor efficiency treating consumer right with indifference have become the character of the traditional public enterprise .the reformation of Public enterprise is always become market-oriented reformation blind spot. From the market-oriented reforming, public world enterprise position challenges with theory and practice doubleness. As for coming essentially, public enterprise runs the independent economic entity of middle as the marketplace, market mechanism is the first ,public enterprise should introduce competition; Government's interfering ought to be limited, only when special circumstances of the time rebuilds market mechanism in unable fine market mechanism operation. Disregarding being that public enterprise system is become market-oriented or others reforms middle in process opposing monopoly in public enterprise, the law all should become one kind of important push strength. Therefore, It have been already imperative to build market-oriented management system and corresponding enterprise law gauge and oversees organization.