Power Industry Monopoly Law Regulation

For a long time, electricity industry is generally considered as nature monopoly industry, is monopolized by the government and is not subject to Anti-trust law. With the development of the theory of nature monopoly, the electric power generation and sale don't belong to monopoly and are appropriate for competition. Thus it can be seen, electricity industry changes into the partial nature monopoly in the transmit electricity and electric distribution from the complete nature monopoly. Also transforms in the regulations, the complete national regulation in the past changes into Anti-trust law and the national regulation together now. And the early Anti-trust law takes monopoly structure as the core becomes the monopoly behavior. Therefore, it should research on the law regulation to the monopoly behavior of electricity industry. There are many kinds of theories, mainly to natural monopoly theory, the competition theory and the public interest theory. Natural monopoly theory concerned the natural monopoly business, and offered the theoretical foundation for the state regulation. Competition theory found the competition is the market economy's soul, the monopoly can repel and limit the competition and so on, so these theories offer the theoretical foundation of the Anti-trust legislation regulation. Public interests theory thought electricity industry relates to the public interests, and it should be regulated by the law. Thus on the foundation of sustainable and stable development of electricity industry, it should improve the efficiency of the whole, guarantee the fair social goal, protect consumer's rights and interests, conform to the World Trade Organization's requirement.In the modern society, through transplanting and drawing lessons from the law of the other countries and regions, a large number of the laws have changed . Therefore researching on the law regulation to the monopoly of overseas electric power industry, especially US, England, Japan and Germany and so on, it is extremely essential in particular. The research conclusion which through the analysis indicated that, something in common of various countries: first, it have distinguished natural monopoly business and un-natural monopoly business; Next, in the discrimination foundation, the electricity power legislation and the Anti-trust legislation adjust together; Once more, while carrying out the law, the Anti-trust law enforcement agency and the electric power supervision department are all have jurisdiction. Finally, in relief, the various countries adopt the way which administrative enforcement of law and judicial remedy.There are many kinds of monopoly behaviors in the Chinese electricity power industry, mainly to three classes: one kind is that the electric power enterprise abuses the market dominant position; the second kind is that electric enterprises' behaviors of restricting competition; the third kind is that the government and affiliated department abuse the administrative power. To these monopolies, it has already legislated to regulate. In the industry's legislation such as "Electricity Law ", "Electricity Supervision Rule" and so on; In the competition legislation, such as "anti-unfair competition law", "Price Law" and so on. But these laws have some flaws, displayed in: the Lacking of the consolidated anti-trust law; the lagging of electricity power legislation; the Lacking of the independent agency of the anti-trust law and the electric power supervision department. These flaw forces us to carry on the legal regulations to electricity industry monopoly.Consummating the legal structure of China's electric industry monopoly is the intrinsic requirement for china to establish socialism law with Chinese characteristics. This text put forward some proposals. Firstly, it should be define legislative guiding ideology. It must be suitable. Secondly, it should be establish legislative principle of regulation. Thirdly, it should be consummate the concrete law of the electric industry to regulate the monopoly, Including perfecting market access and exit mechanism; setting up interconnect and interchanges system; forbidding cross subsidization; setting up competitive price mechanism and so on. In addition, applying the law regulation to the monopoly of electricity industry to life, one of necessary conditions is the Anti-trust law enforcement agency and the electric power supervision department. According to the defect of the entity, this text put forward some proposals. Finally, it should be coordinate the relations of the electricity power legislation and the anti-trust legislation, including the content coordination, the organization coordination as well as the relief coordination.