The Monopoly Law Regulation Of Chinese Telecommunications Industry

In recent years, China’s telecom industry has been carrying out to break the monopoly and introducing competition reform. Since the founding has been repeatedly split and reorganization of posts and telecommunications witch hunt from the original to the current oligopoly, which won the favor of results, but there are still many problems and shortcomings, with the advanced international competition mode, there is a big gap.In2008, the introduction of the "economic constitution" said the anti-monopoly law for the overall development of china’s telecom industry has a great significance. But to perfect the legal system of the telecommunications industry competition, an anti-monopoly law alone is not enough, the legal system need to establish and improve the telecommunications industry. Therefore, in the lessons of the experiences and lessons of britain and the united states to develop in line with the national conditions of china telecommunications act sooner rather than later.China’s telecom industry in the third after the reorganization, and finally formed a pattern of three full-service operators competition, this change does not just mean the expansion of the scope for competition also means that changes in the way they compete. In the form of triple play telecommunications industry reform is not only related to the telecommunications industry to compete effectively can be achieved is also related to the healthy development of the entire information industry chain. Entered a full-service competition, the telecommunications industry in china still not avoid the suspicion of monopoly. Runs counter to free market economic theory and Adam Smith. At the same time, also hindered the healthy development of the modern information industry in china until the national economy. New technologies, new markets, the new policy environment, the three operators will launch a new round of competition, but also new forms of monopoly may occur.Firstly, a comparative analysis of different periods of the technical characteristics and economic characteristics of the telecommunications industry, launched the telecommunications industry with natural monopoly of any basic telecommunications services in the era of full-service competition, value-added telecommunications business have not., Citing a variety of monopolistic behavior in China’s telecommunications industry, abuse of market position, abuse of executive power, monopoly agreements, business concentration and abuse of intellectual property, these monopolistic behavior will lead to low efficiency of telecommunication services, the expense of consumer interests, more seriously hinder the advancement of telecommunication technology and will weaken the competitiveness of the telecom companies. Loss of competitive pressure, telecom operators will be making progress, thus affecting the overall competitiveness of the telecommunications companies, will not be able to face the challenges of WTO, the study analyzed the legal regulation system of the United States and British monopoly of the telecommunications industry and pointed out that the reference model. Experience in the united states is to the Enlightenment to china as soon as possible to improve the antitrust laws as well as the introduction of supporting laws and regulations in the field of telecommunications industry is the introduction of a telecommunications industry of the basic law, the telecommunications act. The mode of independent regulatory agencies in the united kingdom and competition policy of the open that we can learn. Finally, from the perspective of legal regulation concept: the establishment of the basic law of the telecommunications industry, telecommunications and improving and supporting the improvement of laws and regulations.