| In March 2015,"Some Opinions on Further Deepening the Reform of Electricity System" issued by the State Council stressed that the new electricity reform will fully liberalize the electricity sales business,and strive to form a "multi-buyer-multi-seller" power market structure by building a diversified competitive market.It can be seen that China’s electricity market reform has entered a new stage.The core research content of this paper is mainly how to realize orderly and stable competition situation in the electricity market under the policy background of opening up the electricity selling side,guided by the guarantee of power users’ right of choice,through the construction of the legal system of market transaction behavior and government regulation behavior of both sides of the electricity selling market.The aim of this paper is to promote the landing of national policies through system design,and to find out the realistic possibility of market-oriented reform of electricity sales and the best way of policy implementation.Starting from the commonness of electric power commodities and ordinary commodities,this paper takes into account the characteristics of electric power commodities.The design framework of legal construction is set within the scope of the electric power legal adjustment system with electric power law as the core.The subordination of electric power law lies between public law and private law,It belongs to the sub-sector of industrial law of economic law.The prominence of competitive power makes the natural monopoly industry take the market law as the guidance,and break away from the single mode of regulation and distribution.The best "product" for introducing competition in the electricity market is the benefit driving force throughout the electricity sales process.The regulation of electricity market competition will be slightly "weak" in the slow development of the whole industry.The key is that the market environment on which the market competition mechanism depends is not yet mature.The basic goal of the electricity-selling side market is to break the monopoly pattern of single sale and single purchase through the system reform of the electricity-selling side,and give users more choices.The process of marketization of electricity sales is the process of realizing competition in electricity sales.Competition is the basis of the development of any industry.Considering the characteristics of the power industry and the basic law of the market-oriented development of the industry,the legal construction of the electricity market competition should be investigated.Essentially,it belongs to the study of market regulation of electric power commodities in the competitive link.In other words,it is the relationship between the development of electric power market in the selling link and the construction of legal system.Therefore,there are differences and essential connections between the adjustment of legal relationship in the process of power sales and the adjustment of legal relationship in the process of general commodity sales.From the macro point of view,the core of the legal regulation of power market is to deal with the relationship between market and government,competition and regulation.After the liberalization of the electricity selling side,the core variables of the electricity selling market are the price,supply and demand,and risk mechanism of electricity.Therefore,the adjustment of the corresponding legal relationship should involve anti-unfair competition law,industry law,anti-monopoly law and other multi-sectoral legal norms,integrate the characteristics of the electricity market,and incorporate them into the legal source of the design of legal regulations.Representationalization [term in Intentional Economics refers to a specific,in-depth and visualized description and elucidation of a problem.] The content of the study shows that this topic involves the introduction of multi-capital and the regulation of the competition behavior of the sellers,the corporate governance of the sellers and the analysis of related legal issues such as the electricity sales contract in the market-oriented reform of electricity sales.It can be seen that although this paper chooses the power industry and its market as the research object,because the regulation of the power market is included in the relevant content of the industrial law,the topic has strong relevance with the economic law(sectoral law),which makes this paper different from the general economic treatises on the power industry.The attributes of the legal discipline of this paper are clear and discernible.Choosing user’s right of choice as the penetrating perspective of this paper is mainly because the users are at the end of the power industry chain,the volume of users is small,the degree of dispersion is large,and the number is huge.The end-user of electric power commodity and the terminal link of value realization are the users.The power selling side is the most direct link to serve customers directly.The most important task of the electricity sales side reform is to create all the possibilities to realize the users’ free choice.With the development of market competition in electricity sales,price signals can be smoothly transmitted on the demand side as well as on the production side,so as to clarify the mode and direction of market mechanism in electricity sales.In this process,the price linkage between upstream and downstream electricity sales can be realized,and the intensive production of the whole society and the total consumption of energy commodities can be controlled.The problem we should pay attention to here is that users do not only refer to large users,but also extend to as many small business users,resident users and even all users as possible.When the link of electricity sale and monopoly is "unbound",competition and choice are two new issues that the power industry needs to face.The construction of legal system interprets and frames the competition and choice behavior,lays a foundation for the future law enforcement,realizes the interests of market participants and the public policy objectives of the government and the overall social effect.The liberalization of user’s right of choice requires selectable market sellers.The nurturing and diversity of sellers depend on the intensity of market competition and the improvement of competitive environment.Marketization of electricity sales includes not only market competition advantages to enable users to obtain diverse choices,but also market-oriented and diversified service modes.Providing as many specialized purchasing services as possible for users to choose and use electricity commodities,and cultivating the bilateral competitors of electricity selling companies and electricity purchasing and selling through system design and regulatory innovation are the "roles" that the government needs to play in the market-oriented reform of electricity selling side.The establishment of market competition mechanism and the discussion of market competition regulation must be returned to electricity sales as a link of the electric power industry.Its own competitive situation prospect,the guiding principles of market establishment and the major issues to be broken through in the next step are discussed.Successful electricity sales market competition should achieve at least two objectives: first,in the short term,under the premise of meeting the technical requirements,to achieve full competition of multiple market players can maximize the realization of market competition performance.Specifically,the company specializes in competitive business.Separation of electricity sales and power grid business facilitates users to replace the company according to the principle of convenience.Users can obtain diversified services from the competitive electricity market and "add points" for the realization of the right of choice.The legal mechanism of market competition guarantees the equal status of electricity sales competition.The existence of many electricity sales companies can enable small and medium-sized users to choose among different electricity sales companies and realize their own satisfaction-oriented selection of electricity buyers.Secondly,rationalize electricity price,guarantee the market demand of both suppliers and demanders in the electricity market,and realize the benign market order in the process of government regulation transformation,so as to form a long-term stable operation and investment environment of the electricity market and cultivate a competitive retail market.Specifically,China’s current classification of user tariffs stipulates that the same power products of power enterprises carry out different tariffs for different users of different nature,and a large number of cross-subsidies exist.Subsidies are mixed with universal services,which makes the price of electricity sales like "people who want to dance while wearing fetters",affecting the timeliness and applicability of laws and regulations in the reform of power sales side.Based on the drawbacks of China’s electricity market-oriented reform up to now the current reform still stays at the stage of separation of power plants and power grids,bidding for power grids has been delayed,and the construction of competitive power market is still the direction of further reform of the power industry.In order to study the breakthrough point and combine the individualized characteristics of the construction of electricity sales market,this paper makes a thorough study on the entry regulation of electricity sales market,the regulation of electricity price formation and the dispute resolution in the process of electricity sales transaction from the aspects of market operation design and government regulation optimization,and puts forward corresponding legal construction scheme and supporting research on the feasibility design of the system other than the law.The ultimate goal is to achieve my goal.The high-performance results of the market-oriented reform of state-owned electricity sales,standardized market structure and stable electricity prices,guarantee the realization of users’ rights and interests of choice,and improve the production and operation efficiency of the entire industry.The general logic clues of this paper are as follows: The "glow" of competitiveness in electricity marketing in China is restricted by the development of natural monopoly theory in power industry,the late start of the reform of electricity market in China and the lack of constructive experience in electricity market.The natural monopoly theory and its development,as well as the theoretical support(basic theory)of power economics,are the reform of electricity market."Starting Station" of the study.Therefore,it is the logical starting point of this paper to construct a precise regulation system of power market competition which is in line with the development of China’s market economy.This normative construction has shaped the supply,change and system performance in the actual operation of China’s electricity market reform system from many aspects.The structure and function of each chapter are as follows:The first chapter introduces several concepts closely related to the system construction of the electricity-selling side competition system(covering the basic concepts of the electricity-selling market and the economic characteristics of electricity commodities).The purpose is to lay the groundwork for the relevant theories and experiences in the following chapters and to interpenetrate them in the theoretical research of each chapter.At the same time,it puts forward the core theoretical basis of the full text.Based on the summary and refinement of the basic theories of the predecessors,the relevant models of industrial organization,power economics,regulation economics and market competition theory(natural monopoly and competition-capital structure-property right form-regulation mode)are put forward.Among them,the capital structure theory decides the source power and the main mode of the whole electricity market competition,which is the basis of the structure;the natural monopoly and competition model has guiding significance to the introduction of the capital structure theory,and therefore is the structural premise;the form of property right is the core principle of the competition of the electricity market and the performance evaluation,and it has been constructed with the following government regulation mode and legal regulation system.Causal correlation is the theoretical core with the function of connecting the preceding with the following;regulation is the external expression of the final theoretical research,and is also the key link of the operability of the whole theoretical realization.The four elements of theoretical structure are inseparable from each other,cause and effect and coupling each other.In this process,the research methods and basic viewpoints of politics,economics and law are integrated,which proves that the research of social science theory,industry development analysis and industrial legal regulation can not be separated from the interaction of political economy and law and sociology.On the basis of this structural theory,the basic contents of the legal regulation for realizing the competition of electricity sales market are introduced: the regulation of the meta-competition theory of electricity sales market,the governance of electricity sales company,and the change and optimization of the regulation of government electricity sales market.The second chapter studies the experience of foreign electricity market and summarizes and comments on it.This chapter is not simply a literature review of the situation of foreign electricity sales market,but through the analysis of the experience of foreign electricity sales market reform,puts forward the direction of reference,and provides a search "path" for finding out the problems related to China’s electricity sales market reform(paving the way for Chapter III electricity sales market reform issues).There is an old saying that "the stone of another mountain can attack the jade".Successful market-oriented reforms of western electric power industry have faced similar challenges as China’s,and objectively need to take into account the characteristics of different systems in the process of reform.Although different countries have adopted different reform schemes for electricity marketing,the basic purpose of the reform is still consistent,that is,to design innovative systems that continuously promote the competitiveness of electricity sales.As far as developing countries are concerned,the optimization of management mechanism and the impetus of government regulatory reform to attract diversified investment at the competitive and open end are the key.Either developed or developing countries,technological progress essentially provides objective possibilities for the further development of electricity market reform and achievement of performance.The successful experience of western countries in electricity sales is very enlightening.Some countries believe that the electricity market can not form a real option market.In such a case,there are only a few retailers to choose from.Western governments pay more attention to the design and implementation of options for users who are converted from regulated utilities.Users are the direct undertakers of market prices,and the price of electricity sales has become the first trade-off of interests.Relevant countries consider the design of upper and lower profit margin market for electricity sales,and keep some users closed from re-selecting bundled services.According to the experience of some countries,retailers,users and other stakeholders usually form alliances to help deal with the initial problems of electricity sales market.Every country pays more attention to avoiding structural defects in the design of electricity market.The listed countries are committed to the possibility of promoting the system of electricity sales competition after the restructuring of the power market.The characteristics of each country are quite different,and there are many angles to draw lessons from.Taking the United States as an example,the most important market design elements of a diversified electricity sales model are experience in the procurement mechanism of guaranteed services.Under the background of China’s electricity market-oriented reform,the introduction of relevant experience can increase the appropriate and possible ways and means to regulate the market competition behavior in the domestic market.The induction of rational experience reflected in institutional change will provide sufficient research basis for the analysis of specific issues and the construction of common sense of legal regulation.In general,this chapter achieves the general conclusion of testing rational choice theory in specific historical practice by drawing lessons from foreign experience.Chapter three summarizes the problems that need to be solved urgently by the legal system in the process of constructing the competitive market pattern on the power selling side in China,and embodies them into several kinds of difficult problems.This chapter is the part of the full text,defining the problems that need to be solved in the final theoretical study of the full text,and building the core scope of the market legal regulation pedigree.The more imperfect the motive mechanism of market participation,the lower the competitive participation rate and strength of the market participants,which weakens the overall marketization process,especially for the formation of the "pilot" market in the transformation stage of electricity sales industry.The process of reform is tortuous.Some problems will gradually be exposed in the process of market-oriented reform of sales outlets.It is urgent for the government and the market to work together to interact and improve.There is still a long way to go in the reform of the power selling side: the power retailers separated from the former utility companies still occupy most of the retail market;the exploration of direct power purchase by large users and bidding for access to the Internet has not been able to establish an effective market operation mechanism,and the advantages of resource allocation have not yet been reflected in the power market;the "ancillary service market" formed by the ancillary price system and market mechanism has paired with the "ancillary service market" of electricity.The price adjustment function of power system frequency and voltage control is still in the trial stage of "value".According to the scope of the first chapter,this paper aims to study the problems that directly affect the competition of electricity market,such as the lack of diversification of capital,the monopoly of state-owned enterprises and the lack of options for power users.The bottlenecks that restrict the reform of electricity market are proposed as follows: the single capital structure of electricity market,the status difference caused by the imbalance of resource endowment between state-owned and private enterprises.At the same time,it puts forward the problem of rationalization of electricity price market caused by the immature mechanism of electricity marketing.Ultimately,it is unified in the study of the perfection of electricity price system and the reform of government regulation.The main policy restrictions hindering the development of the electricity market are that the price of electricity is not market-oriented or the proportion of retail electricity is fixed.Price setting and price regulation are directly related to the fundamental rights and interests of users,which includes the lack of protection of the right to know and the shortcomings of the right to choose.At present,China’s electricity price formation system is not perfect,which leads to the lack of necessary and perfect market signal support for power consumers to exercise their power commodity options.The perspective that runs through the full text is the guarantee of user’s right of choice,which is closely related to the current planning of the establishment of demand-side market in China.The Chicago School believes that the ultimate goal of anti-monopoly policy is to maximize the interests of users.The U.S.antitrust policy has adjusted its policy objective to improve the welfare of users,and other objectives must be consistent with the maximization of user welfare.(martin,2005:57)the anti-monopoly law is evolving towards a purely user rights measure.Compared with the ultimate purpose of protecting users’ rights and interests,the policy purpose of maintaining open competition is more instrumental.At present,as far as the power selling link is concerned,the user’s right of choice is still in the "seedling" state,and its "development" degree is far from the development progress of the electricity selling market competition.The electricity market is complex,and it is often not easy to observe its competition.For example,uncertainties in electricity demand,constraints on grid capacity and confidentiality of related enterprise data make it more difficult to evaluate power market power and measure competition scale.The most important benefit of open competition on the retail side is that competitive retailers can provide personalized services according to the individual needs of power users.As for the rights of power users and consumers,the current Electricity Law does not clearly stipulate them.The only content of the Electricity Law that is relevant to the power user’s right of choice is the principle of universal service.On the basis of in-depth analysis of the shortcomings of the current legal construction of electricity sales market,this chapter sets the scope and direction of regulation for the possible development path of market competition and legal regulation of electricity sales.Only by finding out the problems,it is possible to conduct in-depth research on the topic and provide feasible legal solutions.Problem-solving consciousness may be one of the characteristics of this paper,to realize the application of theoretical research.Chapter IV proposes to build a legal regulation system for the successful development of competitive electricity market.This chapter is the empirical part of this paper.According to the traditional theory of power market competition,the natural monopoly property of power market determines that it can not make a great contribution in the competitive link.Moreover,due to the single theory of government regulation and the struggle of interest groups,the reform of power market in developing countries is inevitably slight,slow and unable to penetrate into the essence of competition.The above viewpoint focuses on the essential characteristics of power products.Limitations of levy and control of public utilities.According to the rules formulated by the National Development and Reform Commission and the Energy Bureau in the Basic Rules for Medium-and Long-Term Electricity Transaction(Interim),China’s electricity market-oriented reform will build a retail competitive market model.The retail competitive market model needs a macro-system design with no loss of focus,especially highlighting the characteristics of competitive market construction in electricity marketing.Competitive legal regulation design of electricity market is a dynamic planning under a series of preconditions.The establishment of competition pattern in electricity market is positively related to three aspects: scientific,clear regulatory framework,fair and independent regulatory institutions,and perfected regulators.The main body of electricity market needs economic operation activities under the conditions stipulated by law or corresponding rules(such as customs and habits imposed on people).The relationship between economic operation and legal regulation is inseparable.As legal economists believe,"The mode of social production includes not only land,machinery,but also law.Because land and machinery are worthless if they don’t work.Law is an organic part of market operation.The production,exchange and distribution under the allocation of legal order will not be able to produce machines,users will not be able to obtain the machine products from the producers,the right to use will not be mentioned,and the value of use will not be realized.Under such circumstances,legal order has essentially become a form of capital.Necessity of regulation system in electricity market,demand theory and regulation incentive theory are combined with risk burden theory in the whole regulation process.Selling side competition is the only way to improve demand side response.From the perspective of capital diversification triggering in power market competition and based on the latest development of natural monopoly theory as meta-theoretical basis,this paper makes a thorough and shallow analysis of the policy advantages of China’s power market reform,the overcoming of the defects of the competitive electricity market,and the direction of the government’s new round of market regulation optimization.Customization conforms to the basic law of market economy development and the legal regulation system of electricity market competition in China,supplemented by the reference conception of system regulation other than legal regulation,in order to provide a possible path for the improvement of the system of electricity market and the sustainable development of regulation level,and to realize the goal of electricity market reform in the sense of local institutional environment as soon as possible.。 The logic of this chapter is characterized by "interweaving vertically and horizontally".It involves the regulation of market micro-subject and government’s regulation of market,the definition of rights and obligations between horizontal market subjects and between vertical government and market subjects,and the design and construction of the basic legal system.Emphasis is laid on the introduction of legal safeguard mechanism by market competitors,the protection of user’s right of choice in electricity market,the transformation of legal regulation of government electricity market with price regulation as its core,and the docking of systems.The development of the electricity market needs to be promoted.All kinds of comprehensive factors will be integrated and developed in accordance with the market mechanism and deepened and improved in the process.These driving forces mainly come from: stimulating mechanism of market vitality at the user level-giving users independent market power choice to realize the full use value of electricity;stimulating the vitality of enterprises’ self-management,establishing fair competition mechanism and guiding investment quality and efficiency;driving by electricity price reform,liberalizing the regulation of electricity quantity and price,guiding the quantity of market transactions;The two-way selection mechanism of consumers and producers in terms of price and mode.Through the design of the market operation system and the government’s supervision system for the market,this paper clarifies the legal solutions to the problems in the process of the overall electricity marketing,and realizes the construction of the legal system which unifies macro and micro aspects.The fifth chapter clarifies the conclusion and conclusion of this paper.The purpose of this chapter arrangement is to look at the results of this study from a dialectical point of view.The conclusion of this paper is only a possible "product" of institutional research guided by the author’s subjective choice of research perspective.As a research result of social science topics,it must have its non-extensive,expandable or amendable space.The conclusion of this paper points out that: first,the legal system of electricity market should be clearly regulated.The competition mechanism of electricity market is an important achievement of electricity market reform,which is related to the realization of public interests and national interests.Market competition in electricity sales is an inevitable trend in the development of power industry.Traditional vertical integration operation inevitably brings low efficiency,social welfare loss and restricts the development of power industry.The reform of power sale side has given the reform of power market a new meaning,and the "leading" effect has become the inevitable choice for the construction of power market mechanism.Secondly,the construction of market competition environment for electricity sales should emphasize the priority of legislation.The market competition of electricity sale must be guaranteed by perfect legal mechanism,and the legal construction of elements of electricity sale market is the only way to realize competitive electricity sale market.These include the guarantee of access to electricity market,the guarantee of demand side option and the optimization of government regulation.The legal safeguard mechanism of electricity market competition needs to adjust the various elements of competition mechanism,including market micro-body shaping,market main body behavior shaping,and regulatory construction of the influence scope of government public power on the market.Only when the competition mechanism operates reasonably in the organization mechanism prescribed by law can the competitive market run steadily after the market-oriented reform of electricity sales be realized.Only when the price stability and the harmonious supply and demand of electricity commodities in the market are solved can the problem be solved.The ultimate goal of the legal design of electricity sales market is to control the behavior of market participants,to play the role of response and punishment mechanism,and to improve the transitional mechanism of electricity sales market competition.Thirdly,in the process of establishing the mechanism of competitive electricity market,the government should realize the transformation of supervision,improve the market supervision system and consider the construction of multiple interests.The wave of deregulation of natural monopoly industry is conducive to the construction of competitive market structure.However,in order to achieve the industry bottom line of power security,the government regulation of the new electricity sales system can not be relaxed.The innovation of regulation mode does not represent the relaxation or non-regulation of the core links.The appropriate range of regulation is sufficient to eliminate the resistance of the competition on the power selling side and achieve the steady development of the power industry.Insufficient regulation will lead to disorder in the electricity market.Diversified competitors and different market roles implement different legal controls.The feasibility of legal system design is embodied in the application of multiple subjects.Sellers,demanders and governments have their own rules and regulations in the legal system of competitive regulation of electricity sales,and their own actions are the ultimate goal of the legal regulation of electricity sales market.For this reason,this article will analyze the legal system of different levels according to different market subjects,their behavior patterns and incentives,from the legislative and law enforcement levels.Competitive subjects need to control price and information,and government price control needs to be measured by system design from power security and market openness.Because market reform is not easy,especially in industries with high technology content such as electricity,which are traditionally regarded as natural monopolies.In the process of electricity market competition,market regulators should think about the design of legal system and process in the process of electricity market competition from these theories of power law regulation,which make the public know little,objectively complex and diverse,and sometimes impact each other "collision",to distinguish what is recognized and expected by the public,and what new policies and rules can be derived from them.Institutionally,it is the selection,reengineering and deduction of good rules and systems.The reform of power supply side is an attempt of a new system in the process of power market-oriented development,which will inevitably follow the system innovation.The effectiveness of the various problems,barriers or barriers in the process of system incorporation depends on... |
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