Legal Regulation Of Public Utility Monopoly Behavior

The people’s Republic of China anti monopoly law (Hereinafter referred to as The antimonopoly law.) plays an important role in the regulation of public utilities monopolies,witchis the law of maintaining the market competition order and preventing of the monopolyoperators restricting competition.In recent years, many of China’s monopoly cases occurred.For example,many telecommunications monopoly, the power company implement forcedtransaction, heating company implements the enterprises discriminatory trading. Our countryhave provided legal rules to public enterprises for their monopolistic behavior and haveformed the act of unfair competition. Severe legal must be punish those monopoly behaviorthat would severely harm the society. From the point of view, this paper study the nature,characteristics and causes of the public utilities monopoly. Analysis the legislation of ourcountry from the general law to special law, the paper summarize the defects of legalregulation of Chinese public enterprises monopoly behavior,According to the situation of ourcountry, based on foreign regulation of public enterprise monopoly experience, put forward toimprove the system of legal regulation.This paper is divided into four parts:The first part expounds the general theory of public utilities monopoly behavior.Analysisof characteristics of the public enterprises:they are natural monopoly, government regulation,particularity of their product and service,the binding properties of public and enterprises.Summarizes three characteristics of the public enterprise monopoly: the special subject is thefoundation for implementing the public enterprises monopoly, public enterprise monopoly forabusing of a dominant market position as the main form, the harm is universal. Finally,summed up the causes of public utilities monopolistic behavior. Provide a theoretical premisefor the research on the legal regulation of public utilities monopolies.The second part investigates and analysis of the public enterprise monopoly legal status.According to public enterprise monopoly behavior, China promulgated some general law anda number of industry legislation. According to analysis the present situation of Chinese publicenterprises monopoly legal regulation, the paper summed up some of major defects andshortcomings:the legislative system confusion reduce operating efficiency, the defects of industry legislation is prominent, the law enforcement departments shall not clear. Theseprovide the foundation for our country to perfect legislation to the public utilities regulation ofmonopolistic behavior.The third part analyzes the regulation system of foreign public enterprise monopolybehavior and the reform process. Public enterprise monopoly regulation system showeddifferent patterns:Britain implemented privatization reform,American carried outliberalization reform and German implemented enterprise reform. Reform the monopolyindustries by introducing competition, based on the anti monopoly law, the legislatureintroduced a lot of industry legislation, witch have achieved remarkable results. Based on theinvestigation of legislation, the paper Summarize some public utilities regulation experienceon the main state.The fourth part puts forward to perfect the public enterprise monopoly legal regulationsystem.The first, we should perfect The anti-monopoly law and its supporting regulations, takeit as the core and detail the provisions of the law on public enterprise monopoly behavior. Thesecond, perfecting the industry law should solve the conflict with the anti-monopoly law.Thelast, the market should be further opened to more competition, deepening reform to theeconomic system of public enterprises through the improvement of other supporting reform.