The Monopoly Of The Legal Regulation Of Urban Public Transport Industry

Public transport is foundations of economic development in a city. Itmanifests the comprehensive capacity and modernized level of city. So thereform of it plays an important role in the development of urban and social. Theeconomist and the jurist have also had common concern about the matter andobtained some achievements.As a public industry, it was bom with the traits of natural monopoly.Although a series of reform of breaking monopoly and drawing into competitionhave done, the mechanism of effective competition has not been set up and themonopoly upon the Chinese public transport is still serious. The study is just setup to work out a solution of such problem. The key to regulating monopoly islaw and setting up the law system of public transport of promoting competition.There are four parts in the paper.In part 1, the paper defines the properties of public transport and expoundsthe function and the actuality of it. This part narrates defects of the hardware andthe software aspects of Chinese public transport and mainly analyzes the urgencyand the feasibility of public transport's anti-monopoly.In part 2, the author introduces the legal theory of monopoly and exploresthe characteristic of public transport's monopoly. This part both provides thetheory support for the latter part and indicates the rationality and justice ofregulating public transport's monopoly.In part 3, on the one hand, the paper introduces the regulatory mode ofChina and foreign countries and their experiences, which are important for Chinato build an effective anti-monopoly system. On the other hand, the paper probesour shortcomings to further explain the necessity of anti-monopoly. This partlays a strong emphasis on proving the feasibility of the public transport'santi-monopoly, simultaneously provides the reality basis of setting up the lawsystem of anti-monopoly in the fourth part.Through the discussion on the theory and practice in first three parts, thefourth part firstly defines "regulate". Then, the author makes a study in setting upthe law system of anti-monopoly which contains consummating the anti-monopoly legislation, establishing the neutral organization for supervision,constructing the microscopic enterprise system and establishing the scientific andreasonable mechanism of price.The paper takes the public transport of Chongqing as example to discusssome legal matters on regulating public transport's monopoly. The author hopesto find a way for regulating public transport's monopoly and lead publictransport to fairly compete. Furthermore, The final goal is protecting theconsumer's fights and interests and maintaining the social justice, order andefficiency.