The Legal Research On Effective Competition In China’ Telecommunications Industry

The telecommunications industry is the basis of the national economy and the people’slivelihood, which is of natural monopolies and economies of scale. To promote healthy, rapidand orderly development of the telecommunications industry, it not only needs the effectiveintroduction of competition into the telecommunications industry, relying on the "invisiblehand" of the market to reach its self-regulation, but also needs the government use propersupervision and regulation in the telecommunications industry to give full play to the legaland regulatory role. Starting from the early1980s, countries of the world are competing on thedomestic telecommunications industry reform and effective competition for the target. Thecore of the reform is to break the monopoly, introduce competition, the phrase the telecommarket opening up, and limited competition. Meanwhile, to ensure the effective competition,many countries have reconstructed their law systems of telecommunication within theprinciple of promoting effective competition. At the same time, they have adjusted andcleared up many laws and regulations which are not benefit for the market competition so asto promote change from upholding nationalized monopoly to promoting competition. In theworldwide telecommunications industry has entered an era of promoting effectivecompetition, the competition has become the general trends of the nationaltelecommunications industry.After four of reform of China’s telecommunications industry, but the market is still not astable pattern, which is not balanced, the Chinese mobile market control forces remained "adominant" and the telecommunication market situation is still not optimistic. How to avoidfurther exacerbate the current imbalance in the telecommunications industry marketcompetition is already an important topic. Under this background, studying the theory of theeffective competition and legal regulation in telecommunication industry, analyzing China’stelecom industry competitive status quo, problems in the legal regulation status quo as well asthe legal regulatory system, learning from Western developed countries’ advanced model andexperience have an important theoretical value and immediate practical significance on howto establish a telecom industry effective competition law regulation system, improve theregulatory system for specific legal defects, promote and protect of the telecommunicationindustry effective competition in the market pattern formation during the transition process ofChina’s telecommunication industry from the monopoly operating status to effectivecompetition in market competition.Firstly, this thesis clears the basic concepts of effective competition in the telecommunications industry redefining competitive status quo of China’s telecommunicationsindustry, as well as the legal status of China’s telecommunications industry to competeeffectively. Second, through the in-depth analysis of the legal issues of competition in thetelecommunications industry in China, this thesis points out that there are a series of deletionand problems in the legal system, regulatory agencies, liability, and property rights system.Third, it sums up the beneficial experience and enlightenment from researching the legalsystem of foreign telecommunication industry competition. Finally, provides suggestions onclearing telecommunications industry legal regulation principle, establishing sound legalsystem of telecommunications industry, improving the legal regulation of effectivecompetition so as to solve the problem of lacking of effective competition, maintain the legalrights of operator and customer and promote the healthy and rapid development of China’stelecommunications industry.