The Research On The Authorities And Rights Of Telecommunications

In recent years, although the Jurisprudence makes some special content study on telecommunications law from such as Supervision on telecommunication, Universal service, market competition, but so far, there are few articles made summary on the contents which is all of telecommunication authorities and rights contained widely from the angle of law, combining the specific legal provisions of some countries. Under the background of it, the author was in-depth reading the telecommunications law and regulations of USA, UK and Europe, try to list, compare, analyze, summarize all representative law articles which related with telecommunications authorities and rights of USA, UK, Europe and China, classify them into telecommunications authorities and rights of all, to clear the contents of the telecommunications authorities and rights,and the relationship of the them. Lastly, the author put forward suggestions to the disadvantages of Chinese telecommunication authorities and rights. The big innovation in this article is about making analysis and summary, according to the different main bodies of telecommunications market, which combining with the specific legal provisions of some countries. The main contents of this dissertation are as follows:The first part introduces the importance of telecommunications industry and its problems in development, explains the reason why the author do research on telecommunications authorities and rights, because of the balance of them is the basic requirement of telecommunications legal relationship, involved the authorities, rights, obligations and responsibilities in the telecommunications legal relationship of each main body. The second part indicates the main body of the telecommunication authorities is the regulatory mechanism. Firstly, on the basis of the definition of authority, the author discusses the telecom resource, necessity and legitimacy of telecommunications supervision authority. Secondly, making the example and comparison of existing government supervisor for separation of independent regulation model and the administration and supervision of a direct supervision mode, clears that the former is more suitable for the clear legal authority which obtained more reasonable and moderate. Thirdly, by comparing the telecommunications law and regulations of administrative supervision regulation mode of United States, European Union, UK and China, Summed up in a total of 10 representative of the specific content about telecommunication authorities. At last, the author analyzes that the telecommunication authorities should be used in the reasonable scope and limitations.The third part analyzes the telecommunications rights from the angle of consumers, operators and other related subject of rights. Firstly, the author identified the right and the right definition of telecommunications. Secondly, the respective telecommunications rights with law of consumers and operators are analyzed. Then the paper indicates the balance between telecommunication rights and property rights, intellectual property rights, other related rights.The fourth part indicates the disadvantages of Chinese telecommunication authorities and rights, explained the reason why we neglect telecom authorities and rights long-term, from two aspects of professional legal laws and corresponding regulatory mechanisms system. At last, the author puts suggestions forwards on the confirmation of regulators independent status and the future setting of telecommunications law contents to improve telecommunication authorities and rights in our country.