China's Telecommunications Industry Antitrust Issues

Correspondence is people's basic request, and that transmitting the notes from watchtower in the ancient times to the contemporary mobile communication reflects the change of correspondence way. Now, the quick rhythm of life enables all the people to hope to have inexpensive, unimpeded correspondence expense; Chinese telecommunication went across tens of years of rapid development, until July, 2002, Chinese telephone subscribers already leap to the No.1 in the world, The transformation from the great nation of telecommunication to the powerful nation of telecommunication is the significant historical mission which our country and telecommunication enterprises be in face of together. But we find a very interesting phenomenon: China has little industries that are blamed by all the people, though the telecommunication develops quickly. Chinese telecommunication's development speed in the world is unique, but the Chinese request to breaks the monopoly. So this article attempts to make a brief analysis from the legal angle.This article divides into five parts, the first part analyzes the concepts of monopoly and antitrust law, discussing the legislation practice, value orientation of antitrust law, and draws out the evaluation of the new characteristic to telecommunication monopoly from the nature monopoly. The second part of article firstly discusses the telecommunication development tendency, men makes the elaboration to telecommunication from the global background, and reviews the reformation course of Chinese telecommunication, which also is formation course of competition process, and appraises the Chinese telecommunication reform. The third part takes US, Japan as examples, carrying on the introduction to the overseas telecommunication antitrust, and discusses the difference from Chinese telecommunication antitrust The fourth part analyzes the system and technology barriers in Chinese telecommunication. The system barriers mainly refer to the legal framework, market supervising problems as well as ramification management deficiencies, and the technology barriers mainly is the influence of interconnection exchanges, three nets fusions as well as the 3G technology to telecommunication antitrust The fifth part analyzes the influences to Chinese telecommunication from the drawing up of antitrust law and telecommunication law that will...