The Legal Research On The Telecom Administrative Regrlatory

With the economic development of telecommunications, the telecommunications industry administrative supervision has become a new research projects, the research on the regulation of the telecommunications industry in our country is still in its infancy at this stage, most from the perspective of the economics and management, less from the perspective of law. This situation is not conducive to the establishment of modern telecommunications regulatory mechanisms, the legalization of telecommunications regulation and the healthy development of the telecommunications industry. Therefore, from the perspective of law, use the language and the methods of law to explore the status of the telecommunications regulatory authority in the telecom administrative relations, the sources of power, the responsibilities, the exercise of power and the restrict of regulatory powers on telecommunications issues has important theoretical value and realistic sense. The main problem of the current administrative supervision of the telecommunications industry is the presence of the executive power of the telecommunications economy undue intervention. Telecom regulatory administrative legal relationship is the focus of research in the field of telecommunications law, in the contest of construction and development of the telecommunications legal market and forthcoming Telecommunications Act, recognize the right of existence of the telecommunications regulatory issues, clarify the boundaries between the telecommunications regulatory authority and the telecommunications market, norms and constraints the operation of telecommunications regulatory powers to make recommendations for the administrative supervision of the modern telecommunications law, is the original intention of this article. Among them, the analysis and summary of China’s telecommunications regulatory authority reform is the innovation of this article.For the situation of China’s telecom industry administrative supervision lacking of neutrality, British Telecom Control Office, which has high professional independence as the single regulator, pointed out the direction for the reform of our country’s telecommunications regulatory agency. Although China’s telecommunications policy makers and regulators can’t be separated from each other at this stage, at least you can maintain a relative independence between internal departments. Promoting free competition in the telecommunications industry is an important means of telecommunications regulation, rather than the sole purpose. The sole purpose should be promoting vibrant telecommunications economy and seeking long-term and stable development by strong supervision. The historical command-style regulation of China’s telecommunications industry must be replaced by law regulation, which is the only way to break the administrative monopoly of China’s telecommunications industry. Also it can effectively promote telecom regulatory democracy and justice by introducing the hearing system or judicial oversight to the formulation and implementation of telecommunications policy. It is an inevitable trend that telecommunications economy changes from monopoly to competition and telecommunications regulatory changes from administrative to specialization supervision. Thus it is necessary for the telecommunications regulatory authority to give way to the market competition and also necessary for regulators to focus on the nurturing and guidance of the telecommunications competition mechanism.