Research On The Legal System Of Private Capital Access To Telecommunications Industry

Information transfer is the official long-term monopoly. Under the form of emerging technologies in the telecommunications industry has seen four split and merge, but there are still aspects of unreasonable monopoly. How to weigh the relations between the needs of the public interest and promoting the fair market competition environment needed by economic development is particularly important. With the deepening of the reform of the telecommunications industry as well as the formation of the new competitive landscape, hot domestic research scholars focused on breaking the monopoly problems and achieving effective competition. However, the current operator of the telecommunications industry presents market territory based, there is still a large distance away from effective competition, such as the dominant force in the telecommunications market too powerful, and the new main markets force negligible. In order to strengthen the competitiveness of the telecommunications industry, operators need to change the operating system, and improve the level of management and administration. Adapt to this trend and needs is the government deregulation, reducing the market share of incumbent operators, the introduction of private capital and the formation of effective competition. Now must start from the establishment of a competitive market at present stage, through the optimization of market competition environment, improving market order, promoting the rule of law, promoting the improvement of the legal system of private capital access for telecommunications industry.In the perspective of legal review telecommunications access system, mainly includes four points. First, the legal system of private capital access for telecommunications industry is imperfect, mainly displayed in the major laws regulating the telecommunications industry is " Telecommunication Regulation of the People’s Republic of China ", its legal rank is not high, the lack of relevant regulations on private capital access to the telecommunications industry, which is difficult to adapt to the needs of the development of the telecommunications industry privatization. Second, the private capital of the telecommunications industry lacks fair explicit access system, the existing regulations emphasis on the provisions of the foreign investment access system, but still lacking admittance conditions, the scope of access, access procedures such as the problems. Third, the incentive measures of private capital access does not reach the designated position, mainly in the problem of the capital can not be resolved, technical support and related services are still a huge burden for the enterprises, the lack of tax incentives measures. Fourth, the regulatory system of the private capital of telecommunications industry is imperfect, mainly the regulatory agencies and the power to configure between them are not clear, the objects of supervision and the range of regulatory are controversial, supervision model and the means of regulation cannot achieve the purposes of regulation.Improving the countermeasures of legal of the system of private capital access to telecommunications industry must learn from foreign experience, based on the status quo combined with specific systems to be improved. There are four aspects. First, as soon as possible introducing the "Telecommunications Act of People’s Republic of China", which makes up for the legislative gaps in the telecommunications industry, and amends other relevant laws and regulations, making telecommunications laws more adapt to the times and can provide regulatory basis; Second, it should make clear a regulation system of the system of private capital into the telecoms industry, and discuss access system meeting the conditions for the development stage from the scope of access, access conditions and access procedures; Third, the implementation of incentive measures of private capital into the telecoms industry, and put forward relevant suggestions from three aspects of the capital, technology and tax; Fourth, reconstruct the government’s regulation system of telecommunication market, including the need to correctly handle the relationship between government regulation and supervision, clear supervision main bodies and the distribution of power, clear regulation mode and means of regulation and improve the supervision of regulators. In the foreseeable future, the telecommunications industry should gradually to break the monopoly, becoming a state-owned capital, private capital and foreign capital effective competition in the industry.