| Since April this year,"power shortage" in off-season has turned up in many areas of our country. State Grid Corporation forecast that the relation between power supply and demand this year will be the most tense in recent years, the total power shortfall will be more than that in2004,10provincial power grids are facing power shortage situation. Behind the "power shortage", the game playing between "the marketing-coal" and "planning-electricity", five power generation groups zoning in the field of power generation after Plant-Net Separation in2002, stagnation of the process in Main-Auxiliary Separation and Transmission-Distribution Separation leaded by State Grid, the weakness of SERC in conversation with Development and Reform Commission and power generation companies, these problems reflects the difficulties in the field about electric power system reform of our country. From a global perspective, splitting vertical monopoly power companies, introducing competition into the generation side and the sale side, adopting government regulation about natural monopoly transmission-distribution electricity system and the introduction of an independent regulatory institution, which is almost the standard routine in the field of global power industry reforming; The reform program of China’s power industry introduced in2002(No.5) is exactly the same for the design of regulatory reform. However, the reform has not been promoted as expected process, certain aspects even go backwards. In order to seek for the reason of reform lag in the field of power industry regulatory of our country and explore a suitable road for the development of our country’s power industry, from the multi-disciplinary Perspective referring to Economics, Law, Administrative-Management and based on the western regulation theory and research experience, this article makes some analysis and thinking in the field of legal regulation about China’s electric power industry monopoly.Through combining legal regulation of electric power industry monopoly with building the relevant legal system, simplification of administration, establishment of a competitive electricity market and state-owned enterprise property right system reform, This article focus on building a sound legal system, setting the regulatory body reasonably and the introduction of the effective market competition, the author try to find a regulation road which is in line with China’s power industry development status. Firstly, the clear power enterprises of through the property right system reform of state-owned enterprise and the market reform of power industry, we should define power enterprises as one part in the market, introduce reasonable competition into the electricity market and take measures to improve the enterprise’s own effective regulation. Secondly, according to the power industry development status, adjust and improve the electric power industry regulatory regime, define the supervision position of the Electricity Regulatory Commission to strengthen its market regulatory functions, divide regulation authority reasonably between SERC and the anti-monopoly agencies in the field of power industry monopoly, make an organic integration between electricity regulation and Monopoly Regulation. Lastly, according to the different monopoly status and monopolistic behaviors of power industry that has four business aspects included generation, transmission, distribution and sale electricity, combining the practice of electricity reform of our country, adopt different regulatory strategies to complement and improve the anti-monopoly law, amend the new Electricity Act and related laws and regulations, try to form a legal system of monopoly regulation covering anti-monopoly law for general provisions and specific laws and regulations of the electric power industry for adjustment and coordination in the electric power industry of our country. |
