The Legal And Regulatory Of Telecommunication Industry’s Privatization

The tradition economic theory thought the telecommunication industry belongs to the naturemonopoly profession, must by the national sole management. Along with the technologyadvancement, the market demand expansion, the nature monopoly attribute of telecommunicationindustry gradually is fading. Enters the for1980s, many economical developed countries aim at thetelecommunication industry implementation privatization reform in abundance, is for the purpose of"breaking the monopoly, the introduction competition". In our country, in July,1994, the ChinaUnicom company set up and enters the foundation telecommunication service market, symbolizedthe Ministry of Posts and Telecommunication sole management system is broken, the Chinesetelecommunication industry therefore started to march into the competition time. Afterwards, forthe promotion telecommunication market full effective competition aspect formation, thetelecommunication industry one after another has carried on many times the market mechanismreorganization reform... Because the absolute capita of the enterprise existing telecommunication lstill controls by the national palm, the sole property right structure has caused the resources loweffect disposition, fundamentally has also suppressed the market competition mechanismestablishment. In2001, our country joins the World Trade Organization, how to enhance theinternational competition of the domestic telecommunication enterprise, and fulfills the duty wellwhich after into the world should undertake is a bigger challenge which the telecommunicationenterprise faces. Studied the overseas experience, Privatization is solves in our countrytelecommunication industry development in the telecommunication industry implementation allsorts of malpractices way that must be taken. Privatization simple saying, namely the governmentmore functions will yield to the market, will let’s loose the regulation; will enable the enterprise tobecome the genuine market competition main body. The telecommunication industry privatizationreform need comparatively macroscopic law system confirmed the litigant system choice thevalidity, and provides the full effective competitive system，safeguard telecommunication marketcompetition order.Unified our country national condition, the article include four parts: First, outline of telecommunication privatization. It began with the basic concept of privatization, then combinewith privatization of monopoly and the practice of privatization in telecommunication, it makes usdeeply and objectively know privatization.Second, the article discuss full and effective competitionaspect is the way by which it makes privatization in telecommunication successful, The authorattempt to create a good external surroundings for china telecommunication industry development,by analyzing how to reorganize market structure and realize diversity main body of property right.Third,"the reconstruction government regulation" is our country’s telecommunication industryprivatization law rules and regulations core, the goal is enable the government regulation policy tohave Authority simultaneously guarantees the policy the stability and the continuity, the displaylegislation surveillance and the populace participates in the mechanism to carry on the restraint andthe system graduated arm to the government regulation authority; Fourth,"the competition ordermaintenance" takes goal of the our country telecommunication industry privately operated law rulesand regulations. In other words,one hand using counter-not right competes the law and thecounter-monopoly law maintenance telecommunication market competition order; on the otherhand using the legislation rules and regulations, the judicial administration method as well as thesociety supervises gives the consumer suffers the telecommunication enterprise harm when thelegitimate rights and interests by the most advantageous judicial relief.