The Regulatory Reform And Legal Reform Of Monopoly Industries In Our Country

Socialist market economy focuses on both the liberation as well development ofproductivity and common prosperity. Liberation and development of productivityrelate with proper model of the distribution of economic resources, and commonprosperity focuses on fair model of distribution of social welfare. Common prosperityis the final goal of the liberation and development of productivity. The liberation anddevelopment of productivity is the material support of common prosperity. In theaspect of monopolies in China, many systematic faults exist in. The faults inmonopolies make it impossible to pursue the goal of liberation and development ofproductivity and also common prosperity. The monopolies in China face a veryreform.In the review of monopolistic industries reform in developed countries, thereform of monopolies is always accompanied with regulatory reform and legalrenovation. Regulatory reform is the deregulation of old regulatory model andfoundation of new regulatory model. Legal renovation is a systematic change underthe regulatory idea. Regulatory reform includes changes from economic regulation tosocial regulation, deregulation and reregulation of competition law, and theconvergence of regulatory agencies. The legal renovation includes convergence ofsectoral legislation, and applies of competition law in sectoral industries. Theunderstanding of the relationship of market and government is the academic basis ofregulation by government, and the changing and development of regulatory theories isthe guidance of renovation of laws in monopolistic sectors.Under the view of regulation and law, when review and survey the monopolisticsectors in China we find lots of flaws including regulation and law. Those flawsbarricade not only the development of monopolistic industries and also the soundwork of socialist market economy. In regulatory aspect those flaws include failure ofeconomic regulation and inadequacy of social regulation, inadequacy of deregulation,and dispersion of regulatory agencies. In legal aspect those flaws include dispersion of legislation, serious regulatory characters, and limitation of apply of competitionlaw. Accordingly, to perfect those flaws we should work out our monopoly both inregulation and laws to promote the development of monopolistic sectors. Solutions inregulation include changing of economic regulation and improvement of socialregulation, rebuilding of regulatory model by competition law, and promotion ofconvergence of regulatory agencies. Legal solutions include convergence oflegislation, competization of sectoral legislation, and convergence regulatory agenciesby law.