Railway Industry Reform And Antitrust Research

Content:In our country, telecommunications, electricity, railways, such as the tobacco industry is divided into natural monopoly industry, telecommunications, tobacco reform has been carried out steadily, since the implementation of anti-monopoly law since the reform of railway and become a big focus. Railway industry strict market access, price control, investment of the subject in a single and lack of investment risk constraint investment system and indistinction between the functions of the management system of these problems, make the growth of the railway transportation is difficult to match the national economic growth speed and the demand of social development, and even become "a door" to restrict economic growth. The railway is one of the main modes of transport in China, occupies an important position in China’s transport system. China’s railway industry has some of the special nature of industry as a natural monopoly, but in areas classified as in the anti-monopoly law "applicable". China’s law on the regulation of the rail industry is mainly reflected in the management and protection of the railway industry to maintain the monopoly status of the railway. One hand, this situation is due to a special era of economic characteristics, the more important is the lack of regulation of the railway industry in China anti-monopoly law. With the development of China’s market economy, the railway mode of operation has undergone tremendous changes, the monopoly status of the railway industry has also changed, in this case, the implementation of the AML will rail industry reform legislation provide a legal basis.On the existing problems associated with the research, we find that, on the railroad industry monopoly regulation mainly focused on the government regulation on the railway industry, the administration system reform research and introduces many, but most of them only stays on the economic policies and administrative regulations, rules and level, there are few from the legal point of view, or even a legislative perspective on railway industrial monopoly issues are discussed. As a result of our country antitrust law come on stage, make railroad industry monopoly legal rules and regulations construction has the most important legal basis, In this paper, China Railway Industry Reform and development on the basis of the existing, through the research of Chinese railway industry current state monopolies, analysis for its legal regulation necessity and feasibility, and comparison of several developed countries, draw lessons from the experience of railway industry regulation of the legal monopoly, from the point of legislation to improve China’s railway industry monopoly legal system.