Legal Regulation Of Public Utility Monopoly Behavior

The current anti monopoly has entered a new normal period, public enterprises as the foundation of the national economy and the basic needs of the people of the pillar enterprises, its monopoly behavior is the general concern of the academic community. Since the founding of public enterprises, the management system has been monopolized by the government, which plays an important role in the protection of social basic demand, but with the emergence of similar cases such as telecom monopoly, it can be said that the monopoly of public enterprises has not been effectively regulated, which seriously damaged the normal order of the market economy, which is not conducive to the economic structure, social system and ecological environment of China’s current economic restructuring, social system and ecological environment. The action of monopoly of public enterprises of effective regulation, and is not only solve the economic problems left over by history, but also is the basic industry of bloodletting, upgrade the new set of legal protection. Public enterprise reforms in the future to how and how to improve the relevant laws and regulations and other issues, is still worthy of our scholars dwell on.In addition to the introduction and conclusion, this paper mainly includes the following four parts:In the first chapter, the general problem of public enterprise monopoly behavior is described. In this chapter, we first distinguish the public utilities and related concepts, and then define the concept of public enterprise monopoly. This is also the first study of the public enterprise monopoly behavior. Secondly, by analyzing the characteristics of public enterprise monopoly behavior, the paper analyzes the specific forms of public enterprises, and finally discusses the basic theory of the relevant regulations of public enterprise monopoly behavior from two perspectives of economics and law. Public enterprises as a special enterprise of a set in a variety of industries, only from a legal point of view of the antitrust issues inevitably some one-sided, it is necessary to interdisciplinary view of related regulation theory.The second chapter examines and analyzes the current situation of the legal regulation of public enterprise monopoly, and expounds the main legal regulations and the current legalregulations. Although China’s "anti monopoly law", "Anti Unfair Competition Law", "price law" and industry related legislation have some regulations, but most of the more general and old, although the relevant industry legislation has been in the introduction of new regulations, regulations, but the system is still difficult to apply to the law, has been the shackles of public enterprises to the development of antitrust regulation.The third chapter of foreign public enterprise privatization reform and related legal regulation launched a detailed discussion, through the investigation of public enterprise of foreign antitrust regulation, in order to draw relevant experience, lessons for public enterprise of our country antitrust regulation reform provide ideas, reach the effect of long public gambling. On this basis, the author makes some research on the three aspects of the relationship between the special legislation, the competition mechanism, the public enterprise and the industry regulatory authorities.The fourth chapter is the key chapter of this paper, is in condensed before the third chapter with the current price reform and the reform of electric power and other countries deployment policies and laws, rules and regulations, puts forward to adhere to the legislation in advance and further introducing the general idea of the competition. Legislation in advance is undoubtedly an important part of building the society ruled by law is an indispensable, further introduce a competition for the reform of public enterprises played a shot in the arm. In this paper, the author puts forward some suggestions for reference.This paper puts forward some specific measures to improve the four aspects: the perfection of the anti monopoly law and its supporting regulations, the public enterprise industry supervision, the public enterprise price supervision mechanism, the power allocation of the industry supervision department and the industry association.