Public Ulitily Enterprises In China’s Legal Regulating Abuse Of Monopoly Power

As a basic products and services provider, the public utility enterprises is closely related topeople’s life, but it is in the process of public service to the society there are many problems,including the controversial is the monopoly of public enterprises in question. At present, the utilitiesare often dominated by one or several enterprises, these enterprises the inferior quality of service,management inefficiency, the social public serious dissatisfaction and helpless. Under thetemptation of high monopoly profits, public utility enterprises always with own monopoly power,adopt various ways on other operators, to limit the competition, keep their monopoly position, onthe other hand, various of unreasonable to charge consumers, the situation has intensified, withfrequent power abuse of monopoly behavior has a serious violation of the state and the interests ofthe broad masses. How to effectively regulate power abuse of monopoly behavior, reflects its publicwelfare, the state and social public interests are the maximum security, has become a social focusnow.In this paper, combined with the actual situation of our country, in affirming the role of publicutility enterprises and public utility enterprises at present stage, on the basis of the rationality of themonopoly of power abuse of monopoly behavior, the public utility enterprises law regulating abuseof monopoly power, the author deeply analyzes the dilemma and its root on the basis of using theexperience of advanced foreign countries, put forward the specific solutions, in order to build afeasible prevention and control of the public enterprise monopoly legal mechanism.In this paper, in addition to the first chapter is the introduction and conclusion, total is dividedinto five parts: the first part is a summary of the basic theory of the public enterprise monopoly,defines the public enterprise is a list of the special enterprise that government regulation, andanalyzes the rationality of the public enterprise monopoly force exists, and put forward itsmonopoly exercise needs to be within reasonable limits. The second part introduces the forcebehavior of the abuse of monopoly of several typical forms and its widening income distributiongap, damage the interests of consumers, prevent the harm of social progress and national economicdevelopment, etc; The third part discusses the present stage of public enterprises in our country thelack of laws regulating abuse of monopoly power, mainly reflected in the lack of legal norms, errorof goal setting, the lack of supervision mechanism. And the cause of these weaknesses, such as theparticularity of public utility enterprises, intrinsic interest, the author deeply analyzes the close tieswith the government; The fourth part is the force of law regulating abuse of monopoly of foreignexperience for reference, introduce some developed countries such as the United States, theEuropean Union for public utility enterprises advanced experience of the legal regulation of the behavior of abusing monopoly power, and to our enlightenment; The fifth part is the force, theimprovement of the legal regulating abuse of monopoly, is put forward in some areas themarketization reform, perfecting price hearing system, intensify punishment aspects such asperfecting public utility enterprises laws regulating abuse of monopoly power. The seventh part isthe summary of the article.