Research On Government Regulation And Anti-Monopoly Law Applied In Railway Industry

The railroad industry is the basic project involving the national development and social livelihood, which has the global, basic, and strategic influence on the entire social and economic development. Meanwhile, it is the key transport way for the sustainable development and building the resource-conserving and environmentally friendly society. Theoretically, the government regulation and anti-monopoly law for the railway industry are two different regulation methods aiming to the same object, which can be both or independently utilized. However, due to the traditional serious administrative control of the railway industry in our country, the cancel for the ministry of railway and establishing the Chinese railway corporation and the railway bureau can not make Chinese railway industry go on the road with the characteristics of separating of government and enterprise function, functional efficiency. Accordingly, the anti-monopoly law does not also give the clearly defined. This problem not only leads to the deregulation of the government control, but also market competition cannot be ensured effectively. Due to the rapid development of the high-speed railway in China, the scale of Chinese railway industry is further increased, and the characteristics in technical and economic field have been changed. All the changes will partly affect on the government regulation for the railway industry. Therefore, this thesis focus on the government regulation and anti-monopoly regulation for the railway industry, and discuss the novel methods by loosing the government regulation and introducing the market competition in order to help the healthy and orderly development of railway industry in China.First of all, based on the traditional natural monopoly property of the railway industry, the railway industry is interpreted. The railway industry is a complex system including the passenger and cargo transportation service, passenger station cargo service, cargo warehousing services. The wide scope of business, the strong continuity, safe and reliability are its main technical and economic characteristics. By analyzing the natural monopoly property and technical and economic characteristics of the railway industry, this thesis points out the government regulation includes four aspects, such as price, income, access and investment, anti-monopoly law regulation includes the abuse of market ascendancy, the concentration of business operators, the monopoly agreements, and the administrative monopoly.Secondly, the basic principle of government regulation and anti-monopoly law regulation of railway industry is analyzed. The former is mainly based on the public interest theory and the traditional natural monopoly theory, the latter is according to the development of the modern natural monopoly theory. Generally speaking, the government regulation and the anti-monopoly regulation should be employed in the regulation and supervision of railway industry together. However, in practical use, there are a number of conflicts and coordination between the government regulation and the anti-monopoly regulation. The conflicts mainly are shown in the quasi-public property and the technical and economic characteristics the co-ordinations are found in the natural monopoly property and the externality of the railway industry.Compared with the foreign government regulation and anti-monopoly law for the railway industry, the development on the supervision for the railway industry is relatively lagging behind in China. By the analysis of the railway industry regulation development for Britain, the United States, Japan and other countries, the conclusion that the railway related products and services should be partied in China, forming two types:natural monopoly and non-natural monopoly, is derived. Furthermore, apply the modern anti-monopoly law to regulate non-natural monopoly business of railway industry. On the other hand, the function of the traditional government regulation in railway industry should be employed reasonably to promote the healthy development of the railway industry in China.Finally, aiming at the presently reform process and practical problems of the railway industry in China, this thesis points out the government regulation and anti-monopoly regulation have to insist on the reform orientation of independence, standardization and legalization to achieve the separation from government functions and enterprise management and the separation from operation and building of the railway network. By this solution, the government’s excessive intervention for the railway industry will be prevented, the certain autonomy and initiative will be obtained by the market, and thus, market resources of railway industry can be distributed efficiently to promote the healthy and stable development of railway industry.