The Research Of Legal Regulation In Chinese Petroleum Industry Monopoly

The oil resource is the important strategic resource related to people’s daily life and economic stability, the healthy operation of the oil industry directly influences the sustainable development of the national economy and national security. Since the founding of new China, the development process of the oil industry can be divided into three stages, through the centralized management period and the "three four series" period,the oil industry had entered a new period of market reform in 1998, during which also formed a market structure of the three state-owned petroleum enterprise monopoly.This paper analyses the monopoly nature of China’s oil industry, it is not a single natural monopoly industry, it is also not the pure administrative monopoly industry, but it is a administrative monopoly industry with natural monopoly character. In the exploration stage, it set up strict administrative examination and approval standard, the three major state-owned oil enterprises control the land, ocean oil exploration and exploitation basically; in the refined oil wholesale and retail stage, our country set harsh legislation standard of market access, private enterprises will be excluded. Oil resources are scarce,oil industry monopoly not only provide rent-seeking or rent-creating opportunities for the relevant department interests, but also damage the ftee and fair market competition environment, resulting in low efficiency of oil industry. At present our country economic development should pay attention to efficiency and fair, the government should provide equal development opportunities for the different nature of petroleum enterprises, and cannot deprive other enterprises of rights and opportunities to participate in market competition.After China’s accession to the WTO, the international market’s competition is fierce,in the face of the challenge of transnational oil enterprises, Chinese petroleum enterprises lack of competitiveness. In order to solve the embarrassing situation of “domestic trouble and foreign invasion", this paper wants to give suggestion to the legal regulation for China oil industry monopoly through analysis and research. The author expounds the current situation of petroleum legal system, and the legal regulation of petroleum industry, points out the existing regulation defects of the oil legislation and "Anti-monopoly Law"; then the author introduced the mature oil legislation and "Anti-monopoly Law" systems of the American, British, Japanese, such the lease bidding system of the American, the licensing system of the British, and the "Anti-monopoly Law" of the Japanese, these have further implications to improve China’s oil industry legislation and the "Anti-monopoly Law". The author thinks, our country should absorb foreign mature petroleum legislation experience and "Anti-monopoly Law",combined with our country’s conditions. We can through the introduction of competition mechanism,the distinguish regulation of the natural monopoly business and the non- natural monopoly business of the oil industry, and establish the "Oil and Gas Law",revise the "Anti-monopoly Law",improve the refined oil pricing mechanism to change the monopoly status of the three major petroleum companies, and to enhance the international competitiveness of Chinese petroleum enterprises.