Study On Nature Monopoly Industry Legal Regulation

How to rule natural monopoly industry by laws has always been a hot and difficult question discussed in academic circle and in judicial practice. "Anti-monopoly law"has just been promulgated in our country, and the reform to establish greater government in the Department of State has gradually been carried out. How to take this opportunity to perfect legislation and optimize the regulation of natural monopoly industry has very strong theoretical value and practical significance.This paper is intended to discuss the relevant problems of industry's legal structure of natural monopoly. Generally speaking, this paper can be divided into the following four parts:Chapter one is the basic theory about nature monopoly. In this part, the concept and characteristic of nature monopoly is explained. According to reforming practices, the industry development course has carried out a retrospect on natural monopoly of our country, has expounded and proven the important position of natural monopoly industry in national economy, which provide theoretical foundation for legal regulation on natural monopoly.Chapter two is a practical analysis of the natural monopoly industry. On the basis of many profound facts, this part points out the problems in natural monopoly industry and studies the background and causes that these problems come into being. The thesis points out that, the extant problems in natural monopoly industry are caused by various factors, for example, the qualifications of subject are ambiguity, there isn't a clear line between the functions of the government and enterprises, and so on. This analysis supports the necessity of legal regulation about natural monopoly industry in the last part of this chapter. All of these provide factual foundation for legal regulation on natural monopoly.Third chapter is an inspection among the legal regulation of natural monopoly industry in other countries and regions. With the methodology of comparative analysis, the thesis inspects the legislation practice, regulatory measured, regulatory agencies, anti-monopoly execution authorities, legal liabilities in other countries and regions. Moreover, it analyzes profoundly the advantages and disadvantages of various regulations and measures, and sums up the experience in law regulation, which provides some valuable experiences for the natural monopoly industry in our country.Chapter four is the improvement of legal regulation system in the natural monopoly industry in our country. This part summarizes the current situation and problems of the natural monopoly industry in our country, and then puts forward some measures to improve them. The thesis points out that the administrative system should accelerate the reform, and we should accelerate the separation of the functions of the government from those of enterprises, state assets management authorities, public institutions, establish greater departments step by step, and build up independent industry regulatory agencies inside the administrative system. Then, the thesis recommends to introduce competition mechanisms and supports to accelerate privatization reform, at the same time hoping that through legislation or revision of law to give them legal sanction. In order to improve the law regulation, the thesis presents some opinions to modify the'Antimonopoly Law', industries special law and supplementary laws and regulations. According the distinguishing characteristic of natural monopoly industry, this thesis specially uses one division to introduce the specific competition rules, in order to solve these problems, such as: how to improve interconnection, ensure universal service, and so on. At last, the author thinks that we should build up authoritative and independent antimonopoly execution authorities, and improve the administration of price-cap regulation.