The Research Of Legal Regulation Of Chinese Petroleum Monopoly

The petroleum industry with capital intensive,scale economy and a great deal of sunk cost,is related to the national economy and energy security.According to the traditional economic theory,the monopoly of the petroleum industry is reasonable.However,with the development of economy,the boundary of natural monopoly has changed dynamically.The petroleum industry applies to the general framework of Anti-monopoly Law in most countries of the world.At present,the structure of China's petroleum market is highly monopolized by three oil giants,CNPC,SINOPEC,and CNOOC.When the government used administrative power to maintain the market structure of the petroleum industry,it not only failed to achieve the expected effect,but also damaged to the interests of private enterprises and consumers.As the legislation of special law of petroleum industry is absent,legal regulations of petroleum monopoly mainly depends on the "Anti-monopoly Law".Although natural monopoly industry don not apply to exemption from application in the "Anti-monopoly Law",the principle and fuzzy of the law and the particularity of petroleum industry add more difficulties on the regulation of petroleum industry monopoly,particularly on the regulation of administrative monopoly of petroleum industry monopoly.It is closely related to unperfect legal regulations that the process of petroleum industry anti-monopoly is boosted too slowly.Therefore,starting with defects of current laws on the regulation of petroleum industry monopoly,learning advanced experiences of foreign countries,the paper aims to perfect the legal regulation of China's petroleum monopoly and break market structure that the oil giants make use of market dominant position to limit and exclude competition and achieve free,fair market competition.The paper consists of five parts.The first is the preface,mainly introducing writing background and significance,research situation,content and methods;the second part of the article introduces some basic issues of petroleum monopoly,mainly introducing the process of China's petroleum monopoly,analyzing the property of China's petroleum monopoly,and point out shortcomings of China's petroleum monopoly;the third part is the forms of China's petroleum monopoly and regulation of China's petroleum monopoly,focusing on the analysis of monopoly behavior of China's petroleum enterprises with specific cases,and describing general legal regulation of China's petroleum monopoly from the point of view of competition law,and analyzing shortcomings in legal regulation of petroleum monopoly;the fourth part starts with introducing the evolution of petroleum regulation pattern in Britain and American,studying their legal regulation of experience during anti-monopoly in petroleum industry,and providing ideas for regulation reform ofChina's petroleum monopoly;finally,on the basis of the above all,putting forward some legal suggestions to perfect the regulation on China's petroleum monopoly.