Perspective Of Antitrust Law, The Power Industry Regulatory Reform

Now in China,where the transition from the panned economy to the market economy is took place,those utilities such as postal services,transport,electricity, telecommunications become the target of criticism because of existed monopolies.Although in the market-oriented reform the electric power industry is in a leading position,but obviously there are also the phenomenon of weak market regulation.Therefore,it is necessary to study on the power industry regulatory system,and conduct a research on the reasons for lacking of anti-monopoly function.Started from the existence of a large number of monopolies in all sectors of the industry chain,this paper revealed the reasons for the insufficiency of anti-monopoly function."People's Republic of China Anti-Monopoly Law" was promulgated as an opportunity for electric power industry regulation to seek close collaboration with anti-monopoly law enforcement.This paper advocates to strengthen anti-monopoly functions,and to reform the existing regulatory system.In this paper,there are a total of about 30,000 characters.In addition to introduction and conclusion,it is divided into four parts:PartⅠ:to discuss the need to reform the regulatory system.Lacking of Anti-monopoly function is the practical reason for the reform of electric power industry regulatory system.This part cites the monopolies in every link of the electric power industry,which highlights the lack of supervision in this industry. This paper holds that there are two causes for the lack.First,there are many deficiencies in the regulatory system itself,including but not limited to:unclear responsibility;not unified authority;shortage of anti-monopoly talents.Second, there is a serious lack of anti-monopoly law in the power industry regulation, including:the anti-monopoly law itself careless;the supporting legal confusion; and so on.The former is the common cause,the latter is the root cause.PartⅡ:to discuss the basic path to reform the power industry regulatory system.Learned from abroad relevant experience,this paper holds that it is necessary to maintain the independence of regulatory agencies,on this basis,the coordination between power industry regulation and anti-monopoly law enforcement is a fundamental way to solve this problem.Anti-monopoly law enforcement agencies may choose to build the multi-model,if so,how to avoid departmental interests dispute? This paper proposes that in the power industry,it should be the industry legislation rather than sector-based legislation,and those sectors should be unified and coordinated.Afterwards,from the perspective of functional commitment,this part straightens out the relationship of electric power industry regulation and antitrust enforcement.This part also makes an analysis in details of the division of authority,and proposes to improve the legislation of Anti-monopoly Law and the electric power industry legislation.PartⅢ:to discuss the specific recommendations for the reform of the regulatory system.This paper holds that the reform of regulatory system should make the transition of regulation model as the core,clarify the regulatory view and choose the main direction of the system.Learned from the experiences of the countries in mature markets,this part proposes that the regulatory view should be the transition from economic regulation to social regulation.When choosing the direction of system,it should adhere to the gradual transition from original protective regulation to the incentive regulation.Finally,this part proposes some specific recommendations for improving the regulatory ability, including:clarify the mandate;unify the system structure;improve the anti-monopoly quality of the staffer;and so on.PartⅣ:to note the two other questions related.Our country is in a critical stage of economic and political transition.Therefore,to discuss the reform of electric power industry regulatory system,it is impossible to ignore the relevant government system and non-governmental organizations.This part first discusses the current bigger sector reform,and holds that,although this reform aims at an uniform overlapping power,we will definitely not be able to negate the independence of the electric power industry regulation。Both the two must make building a service-oriented government as the core pursue.This is followed by a discussion of the power industry associations at all levels,pointing out:it is unadvisable to maintain the relationship of "in charge" between the industry self-regulatory organizations and the regulatory agencies. Electric power is attached to the importance of public utilities,and in China's economic reform,it became the focus point.To resolve those monopolies in this industry,it is necessary to start with the reform of regulatory system.In this process,it should be combined with China's current situation,and maintain some principles,such as effective competition,social interests,gradual and orderly progress.