Our Country Telecommunications Industry Competition Legal Regime Research

Under the market economy condition, technical and the economical progress accelerated the telecommunications industry from to monopolize the relative monopoly the nature transition. However, the telecommunications industry related legislation lag and the telecommunication market rapidly expands contradiction is prominent, manifests specifically, in telecommunication market each kind of monopoly and the unfair competition phenomenon increase incapable day by day with the telecommunication profession law rules and regulations on. Price war, hindrance interconnection intercommunication, excessively building redundant project, blind competition are being one after the other. Our country telecommunication profession's reform has carried on many years, but the telecommunication competition aspect special method actually slowly is not willing to appear, although has promulgated "Telecommunication Rule" in September, 2000, but has not had regarding telecommunication profession's concrete supervision this rule involves, mainly also rests on certain temporary provisions which, the means former Ministry of Posts and Telecommunication promulgates, these rules and regulations could not follow the time the change, therefore only depends on the existing legal rule, very difficult to have maintained the telecommunication market the fair competition.. On August 30, 2007, the ten Standing Committee of the National People's Congress 29th conference adopted "the People's Republic of China Antimonopoly law" (as follows abbreviation antimonopoly law), this law in August 1, 2008 official execution. "The economical constitution" name antimonopoly law releasing the telecommunications industry integral development to have the very significant significance in the future regarding our country. But must consummate the telecommunications industry the competition legal framework, depends on an antimonopoly law is only not enough, but also needs to unify and to consummate existing "Countering unfair competition", establishes the perfect telecommunications industry the related legal regime. Therefore, after learning UK and US's experience formulates conforms to our country national condition telegraphy should be set up early. At the same time, will establish the effective modern supervision system to assist in the future the telegraphy implementation, also for the new round telecommunication reorganization which will soon arrive lays down the foreshadowing. The article in line with the principle which and the spirit explores, uses the theoretical analysis, the empirical study and the comparison research union method. Through to the telecommunications industry theoretical analysis, has promulgated the telecommunications industry monopoly and the fair competition behavior, analyzed the subject matter which profoundly the current Chinese telecommunication profession law rules and regulations aspect exists, explained that the Chinese telecommunications industry legislation the necessity, proposed consummates the Chinese telecommunications industry competition legal framework's concrete mentality.