Research On Government Regulation Of The Telecommunication Industry

With the further reform and opening, China’s telecommunications industry has gone through a huge change, in the constant reform in a rapid development, has become an important industry related to national economy and people’s livelihood, however, because China’s telecom industry development history is not long, especially in the planned economy system, under the influence of telecom market development level compared with other countries, but also is very immature, telecommunications market irregularities happen from time to tome. The telecommunications government regulation put forward higher request, but our country present stage telecom market regulation are faced with obstacles, with the rapid development of the telecommunications industry to adapt. How to improve the degree of marketization in telecommunication, telecom industry development under the background of the deepening, perfect our country’s telecom government supervision system, optimization of the telecommunications industry, government regulation effect for telecommunications development to create a good market environment, directly related to the healthy development of the telecommunications industry in our country in the future. Meanwhile, in the process of the development of telecommunications industry, telecommunications industry facing the new technology, business model and related regulatory measures challenge. In the face of the telecommunication enterprise increasingly market-oriented new situation, how to speed up the perfect for telecom enterprise supervision, get rid of the original is not reasonable regulatory system bound, telecom enterprise become a real independent market competition main body, we become the important research topic. This article mainly from the following several aspects:First, the telecommunications industry government regulation concepts and legal analysis. Telecommunications regulation is refers to under the condition of market economy, the national telecom management department in order to overcome the negative effect of market mechanism, regulate the telecommunications market order, the telecommunication enterprise business activities or other economic behavior implement supervision and intervention activities. Telecom regulatory entity is under the condition of market economy, in order to overcome the negative effect of market mechanism, regulate the telecommunications market order, the telecommunication enterprise business activities or other economic behavior implement supervision and intervention of administrative agencies. Telecommunications regulation includes telecom market qualification supervision, the inter-communication supervision, telecommunication cost supervision and telecom service quality supervision. Telecommunications government regulation is to realize the benign operation of the telecommunication market, promote the healthy development of the telecommunications industry and the establishment of the needs of the new relationship between government and enterprises.Second, China’s telecom government regulation problems and the causes. Telecommunications market since the reform, China’s telecommunications industry went through a traditional indistinction, postal telecommunications joint venture to implement separate government functions from enterprise management, post and the separation process, to adapt to this, the functions of the government has also undergone a significant change, the government has no direct control over telecommunications industry, but will be right to telecom operators, and at the same time to strengthen the supervision of the telecommunications industry. After decades of development, telecommunications government regulation mode is more or less stable, effective supervision also very significant. However, we should also see, relative to foreign telecom market and government regulation, China’s telecom market competition mechanism is not yet mature, telecommunications government regulation also has many problems, these problems mainly displays in:regulatory legislation based on loss; Regulators defects; Regulatory functions are in conflict. And lead to the underlying main reason is that the system construction lag behind, The one-sided emphasis on "institutions set up" and ignore "mechanism innovation"; Supervision to the particularity of the object itself. Can say, the government supervision of telecom industry problems, is due for a result of the integrated effects of inside and outside.Third, perfect our country’s telecommunications government regulation measures. In the discussed our country telecommunications government regulation problems, and analyzes the reasons behind, this paper holds that we should perfect the following aspects: first, perfect the supervision of the administrative subject organization system. On the one hand, we will further improve the present "the organization law of the state council ministries and agencies organizational system and principles of further clear, including performance of telecom regulatory department of the various departments of the state council, the administrative organization authority allocation problem make provision. On the other hand to in the telecommunications act of telecom regulatory institutions and their functions and powers to make specific provisions. Clear telecom regulatory independence, regulators, supervision of professional integrity and supervision program of transparency. In addition, the regulatory body administrative organic law system consummation also need other related laws, especially the need to improve the supervision department of the state council promulgated telecom related administrative regulations in the provisions of the telecommunications act of further embodiment, that regulators can of their statutory functions and powers into effect. Secondly, take gradual classification unified administrative supervision mode. Shall set up a telecom to coordinate supervision institutions, the institutions mainly scattered in various departments to coordinate the execution of the right of supervision. Wait until China’s political system reform into a relatively mature stage, just will be dispersed in the administration of industry and commerce, price, quality inspection departments of supervision right transfer to united’s telecoms regulators. Again, to establish responsibility unified administrative accountability mechanism. Through the telecommunications government supervision administration accountability system, supervision system internal supervision mechanism and supervision law enforcement for the telecommunications regulation mechanism was the fully monitoring. Finally, strengthen the responsibility unified judicial accountability system. Strengthen the supervision mechanism implemented strict judicial review.Telecom regulatory system is a basic subject of telecommunications regulation. Compared with the developed countries, China’s telecom market regulation legal system research started relatively late, the telecommunications regulators, the study of the method of supervision is still not mature. Of course, with the gradual opening of the telecommunication market, telecom enterprise’s competition is becoming increasingly fierce, whether in Chinese telecom market in orderly competition environment sustainable and healthy development, the key lies in telecoms regulators can effective telecom regulatory measures. We learn from foreign advanced supervision experience, but also should be based on the actual situation of China telecom enterprise, fonnulate a set of suitable for China’s telecom enterprise development of the supervision system.