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The Legal Regulation Of The Abuse Of Market Dominant Position In China's Electric Power Enterprises

Posted on:2019-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:P C XuFull Text:PDF
GTID:2346330545990170Subject:Law - Economic Law
Abstract/Summary:PDF Full Text Request
As the foundation of our national economic development,electricity provides the driving force for all walks of life.The power industry,as an important industry that affects the national economy and people's livelihood.According to the traditional natural monopoly theory,the power industry implements monopoly operations because of its special nature of natural monopoly.However,with the development of economic theories,the monopoly position of the power industry has been shaken.The power generation link and the power sales link no longer believe that there is a natural monopoly attribute.Market competition should be introduced and monopoly should be broken.The transmission and distribution link should be maintained because of its natural monopoly.Properties continue to implement monopoly operations.The electricity market reform in China is also guided by the changes in natural monopoly theories.At present,with the continuous advancement of the electricity market reform in China,the abuse of market dominance by electric power companies continues to increase,which seriously undermines the legitimate rights and interests of business operators and consumers.In order to effectively stop our country's power companies from abusing their dominant market position.We need to carry out relevant laws and regulations.At present,there are four major problems in the abuse of market dominant status regulation by China's power companies.First of all,in terms of legislation,the Anti-monopoly law lacks a clear application of the dominance of the power abuse market.The lack of criminal liability of the directly responsible person and the lack of contents of the Law on Electricity.Secondly,in terms of supervision,the regulatory agency is not independent and supervises.The authority of the agency is not clear.Third,in the area of law enforcement,the powers and responsibilities between law enforcement agencies are unknown and there is a lack of cooperation.Finally,in the reform of the power system,the separation between the main and auxiliary agencies is not complete,transmission and distribution companies continue to sell electricity.In practice,the legal regulation of abuse of market dominance by China's power companies is not obvious.Based on the issues summarized above,the author proposes specific solutions to the problem.First of all,in terms of legislation,it is necessary to clearly specify in the Anti-monopoly applicable to natural monopoly industries including electricity.Increase the criminal liability of the person in charge directly in terms of legal liability;Secondly,in terms of supervision,the "reconstruction of the political prisoners"should be resumed.The regulatory model will separate the regulatory functions of the National Energy Administration.Form an energy supervision and management commission as an independent power supervision agency.Formulate the National Energy Law to empower the Energy Regulatory Commission to clearly regulate the powers;Thirdly,in terms of supervision,the State Market Supervision Administration is responsible for the abuse of market dominance in the power generation and sales market.Energy Regulatory Commission is responsible for the abuse of market dominant position in the power transmission and distribution market,finally,in the area of power reform,the separation of the main and auxiliary industries and the gradual retreat of the power grid companies from the electricity sales market are carried out.
Keywords/Search Tags:Electric power enterprise, natural monopoly, compete
PDF Full Text Request
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