Study On The Supervisionary Power Of Chinese Telecom Market By The Perspective Of Constitutionism

"PRC Telecommunications Regulations" have been enacted in China for over tenyears. Not only has it made tremendous contributions to China’s long-term developmentof the telecommunications services industry but it has played a vital role in improvingChina’s supervisory systems for telecom market and ensuring a sound development forits national information economy. However, as China’s reform on socialist marketeconomic system goes further, the status, the nature, the role and the function of thecurrent telecom market supervisory regulations has encountered new contradictions andconflict with the existing legal and economic conditions, which therefore needs us toreview its market supervisory regulations from a brand-new prospective.We should re-examine the basic theoretical problems in our telecom supervisoryregulations from the point of constitutionalism by integrating the basic economictheories into reality. First of all, we should know what supervisory power of telecommarket is. From the connotation of power, state-level supervisory power of telecommarket, accredited by law, responsible for taxpayers, is one kind of state powers and it isset by legal bodies and professionals to supervise competition behaviors in telecommarket and to make its service efficient and fair enough. Second, we should know theconstitutional value for supervisory power of telecom market. Highlighted byconstitutions and a profound understanding of the relationship between constitution andfairness, this paper shall try to discuss value on fairness in telecommunications marketby way of elaborations on network neutrality, consumer protection and universal serviceprinciples; by understanding the relationship between constitutionalism and freedom,this paper shall try to discuss value on freedom in telecommunications market throughthe elaborations on market access, facilities access and interconnection principles; byunderstanding the relationship between constitutionalism and the rule of law, this papershall try to discuss value on the rule of law through elaborations on the supervisionprinciples in the field of legal mechanism, administrative and legislative set forth intelecommunications laws. Third, this paper shall try to expound constitutional order inChina’s telecom market. By discussing its legality, constitutional basis and the relevantprovisions on WTO rules, antitrust and telecommunications regulations, based on staticanalytical methods, by relating the coordinative relations among delegation of power, executive and administrative bodies and the understanding of how the power are runand basic legal system, this paper shall carry out a in-depth discussion about the rightlimits on supervision power in telecom market. Fourth, focus on supervisory power intelecom market, this paper shall carry out a comparative study method on some specificmatters. By means of historical, comparative, and empirical research methods andcomparing different technical standards selection, new business supervision andsupervisory efficiency in different countries and regions, this paper shall analyze thepowers of legislative, executive, and judicial under different patterns in telecom marketand summarize the experience we can learn on the basis of theoretical research.Against the problems existing in China’s telecom market, this paper shall try to sortout and analyze the potential conflict between the power of supervision regulations andlegal provisions set forth in China’s telecom market to balance the innovative value andmarket supervision, coordinating its execution with scientific and technologicalinnovation and development. Finally, we will realize the constitutional significance onthe supervision power of China’s telecom market.