The Study Of China’s Railway Industry In Legal Regulation

At present, Railway Industry still put the top management of the entire industry focusedon themselves, not only exercise government regulatory regulation powers, but also managevarious railways’ human, financial, and material directly, Ministry of Railways has almost allthe powers of the monopoly of the industry. The highly monopolistic status of their issuesbrought has become another major issue that China’s reform and opening up to date. I want tothrough this study to research China’s railway industry monopoly status and how to use legalmeans to restrict it. This paper is divided into five chapters:The first chapter is Theory and practice analysis of Legal Regulation. Introduced fromthe railway industry’s characteristics, a the same time, study basic theory of competition lawfield such as monopoly, natural monopoly, administrative monopoly and so on. Explored thenature of the monopoly of the railway industry in the traditional theory and the relationshipbetween monopoly characteristics of China’s railway industry and natural monopolies,administrative monopoly. I want to analysis theoretical feasibility of China’s railway industryin Legal Regulation through the study of this problem.The second chapter is current situation of China’s railway industry monopoly. Igeneralize the reasons, characteristics of China’s railway industry and harm brought bymonopoly through research existing construction, operation and management system ofChina’s railway industry. Then, I focus on comparative study of the Legal Regulationsituation before and after the enactment of China’s "anti-monopoly law". Descripe thenecessity of antitrust laws regulation of the railroad industry through analysis of the status ofChina’s railway industry.The third chapter is the situation and enlightenment of foreign railway industry in LegalRegulation. I comparative study the experience in Legal Regulation of railway industry in theUnited States, the United Kingdom, Germany, and summed up the common success of therailway industry antitrust reform. I deem if our country want to carry out antitrust reform ofthe railway industry, that has a lot of advanced experience of these countries.The forth chapter is some recommendations of Legal Regulation of China’s railwayindustry. Through the study of four chapters, with the problems I found, in order to achieve the purpose to optimization of the existing railway operators and regulatory agencies, railwayoperators and management activities of the regulatory. And then, put forward three advices tostrengthen the application of the anti-monopoly law in the field of railway industry, toimprove antitrust special legislation in China’s railway industry, to improve Anti-monopolylaw enforcement agencies of railway industry in China. For the purpose of solving various ofdrawbacks and hazards that brought by highly degree of monopoly of our railway industry atpresent.