Research On Legal Regulation About Public Enterprise Monopoly Of Our Country

Since the reform and opening up of China's rapid socio-economic development,people's living standards have also been significantly improved.Public enterprises provide products and services and people's lives are closely related,and its development in the national economy plays an important role.In recent years,the social problems caused by the monopoly of public enterprises are controversial.In a certain stage of economic development,utility monopoly can give full play to economies of scale benefits,to avoid duplication of infrastructure,in order to reduce production costs,better serve the national economic development needs.With the further development of the socio-economic process,the public enterprises with their own profitability,driven by economic interests,some public enterprises or public enterprises affiliated enterprises,the abuse of its monopoly in the industry market or under the guise of national or industry authorities In the name of the manipulation of the industry market,and in various names to consumers to collect unreasonable fees or compulsory purchase of their designated goods and other restrictions on competition,to obtain high monopoly interests.The misuse of the market monopoly status by the public enterprises has seriously infringed the legitimate interests of the consumers and has greatly disrupted the market economy order and is not conducive to the development of China's economy.For the abuse of the market monopoly of public enterprises,damage to the legitimate interests of consumers,impede the issue of free competition in the market,China's "Anti-Unfair Competition Law" and "Prohibition of public enterprises to restrict competition in a number of provisions" and other relevant legal provisions for public The abuse of monopoly status of enterprises to be the appropriate legal regulation.With the promulgation of the Anti-Monopoly Law,the anti-monopoly law regulates the monopolistic behavior of enterprises,but how to regulate the monopoly behavior of the public enterprises in the Anti-monopoly Law does not stipulate clearly,so the judicial practice process only The monopolistic behavior of public enterprises can be dealt with according to the provisions of Chapter III of the Anti-Monopoly Law on abuse of market dominant position.And the public enterprises and other general enterprises compared with the special nature of the monopoly of public enterprises and general corporate monopoly laws and regulations of the legal system is different.How to regulate the monopolistic behavior of public enterprises,to prevent their misuse of market monopoly position to harm consumers and social interests,give full play to the economic value of public enterprises and its public service functions,has become the focus of our research.This paper intends to study the related problems of the legal regulation of the monopoly of public enterprises in China from the following five aspects.The first part of the thesis analyzes the general problems in the public enterprise monopoly.In this part,the concept and characteristics of the public enterprises are clarified,and the public enterprises are regarded as the special enterprises for the purpose of making profits and possessing certain social public properties and natural monopolistic attributes and engaging in public utility business activities.And public enterprises in the nature of a natural monopoly,both for-profit and public properties,and public enterprises to accept government control.In addition,the abuse of the market monopoly status of public utility companies to the list,such as compulsory or bundled sales,refused to trade,etc.,at the same time the harm of public utilities monopoly in detail.The second part of the thesis analyzes the present situation of the legal regulation of the monopoly of the public enterprises in our country.This part systematically analyzes the current situation of the legal regulation of the monopoly of public enterprises in China from the three aspects of legislation,judicature and law enforcement.First of all,the author of the "anti-monopoly law" promulgated and implemented as a watershed,a detailed introduction of China's public enterprises monopoly legal regulation of the legislative situation.Secondly,the paper cited the case of public enterprise monopoly-related judicial cases,and analyzed the situation of public enterprise monopoly judicial process.At last,the author makes a clear definition of the division of responsibilities among different law enforcement agencies,and analyzes the status quo of the administrative enforcement of the abuse of monopoly status by public utilities.The third part of the paper summarizes the problems in the legal regulation of the monopoly of public enterprises in our country.According to the above analysis of the status quo of monopoly legal regulation in China,the author thinks that there are some problems in the legal regulation of public enterprise monopoly,such as the cross-legislation in the legal provisions of public enterprise monopoly,and the legislators have not clearly regulated the abuse of public utilities The monopoly status of legal norms between the application of the law;the value of public utility antitrust litigation ambiguity;public enterprises in the anti-monopoly law enforcement and administrative protection is serious and so on.The fourth part of the thesis analyzes the legal regulation of the monopoly of the public enterprises in Britain,the United States and Germany,and draws lessons from the legislative experience which is beneficial to our country.The author analyzes the legal regulation of the monopolistic behavior of the public enterprises according to the different stages of the government's regulation of the public enterprises,and thinks that the above countries have certain reference to the monopoly law of the public enterprises,for example,further perfecting the monopoly of the public enterprises Relevant laws and regulations to ensure that the anti-monopoly law enforcement and regulatory agencies,such as independence.The fifth part of this paper is aimed at the problems existing in the legal regulation of the monopolization of public enterprises in China,and on the basis of some useful experiences from foreign countries,some suggestions are put forward to perfect the legal regulation of the monopoly of public enterprises in China,Monopoly core,and timely adjustment of the relevant legal provisions;to establish the order to maintain fair competition in the market to promote social and economic development for public utility antitrust litigation purposes;to reduce government intervention in anti-monopoly law enforcement activities to ensure that anti-monopoly law enforcement agencies Independence,while coordinating the relationship between antitrust enforcement agencies and public enterprise regulatory agencies.So as to regulate the misuse of the market monopoly of public enterprises,protect the legitimate interests of the public and promote the healthy development of China's market economy.