Public Law Regulation On Monopoly Behavior Of Public Welfare State-owned Enterprises

Third Plenary Session of the 18th Communist Party of China proposed to state-owned enterprises can be divided into public state-owned enterprises provide public products and services and provide general commercial products and services of state-owned enterprises. State Asset Supervision and Administration Commission, Ministry of Finance and State Development and Reform Commission jointly issued Guiding Opinions on state-owned enterprise function definition and classification In December,2015. The opinions pointed out that state-owned enterprises should be divided into business of state-owned enterprises and the public welfare of state-owned enterprise according to different state-owned enterprises in the role of social and economic development. Therefore,to define different function of state-owned enterprise is the premise to push forward the reform of state-owned enterprises. And then to determine the different forms of enterprise organization form and legislation mode. This article to the theoretical analysis about the public welfare of state-owned enterprise on the basis of policy for the division of state-owned enterprises.In the practice of various countries, although the country’s economic system is different, But it is common that in most country set up to undertake public service function of state-owned enterprises to meet social public needs. To take special function of public welfare of state-owned enterprise can be compared to "the government’s arms", The government can use it to perform some functions. But our country market economy system is in transition period at present, and due to the expansion of administrative power and unreasonably intervention in the market economy led to increasing degree of public welfare the monopoly of state-owned enterprises. It also destroyed the market competition and price and profit allocation mechanism and not conducive to the progress of the related industry technology and equipment, More important is damaged the interests of consumers who buy public products and services. This paper from the perspective of public law to explore the monopoly of state-owned enterprises engaged in public welfare to the most reasonable and effective regulation in this context.The basic principle also for public welfare state regulation offset value guidance and value effect.Therefore, in the process of the public welfare state-owned monopoly regulation should be in accordance with the principle of the rule of law, proportion principle, administrative efficiency principle and open principle. Public welfare of state-owned enterprises with the "public ownership" clause in the constitution of our country and "state-owned economy" have a special "monopoly". But at the same time the basic economic rights clauses in the constitution and for the public welfare of state-owned enterprise in the market operation drew a most important boundaries that the right of economic equality, liberty and democracy are inviolable. Under the condition of market economy, the rule of law government asked combines attaches great importance to the legislation and administration according to law and transform government service concept, build "responsible government" and "limited government". The goal of government regulation on public welfare state-owned enterprise is to prevent and stop the monopoly, so the government must clarify the relationship between the enterprise and prohibit unreasonable administrative power to intervene in the market competition. At the same time, formulate and improve the policies and regulations to promote the public welfare state-owned enterprises to participate in market competition and regulation of public welfare state-owned enterprise, ensure fair and orderly market competition. In order to play the judicial power of government intervention in the market competition behavior restrict action, it is necessary to perfect the judicial review system in the regulation of the monopoly of the public welfare state-owned enterprises. Particular attention should be paid to the review of the procedures of the anti-monopoly regulation of the discretion and the anti-monopoly regulation.