On The Anti - Monopoly Law Of Public Enterprises From The View Of Split

It has been known that public Enterprises play important roles in the daily lives of people. However, the monopoly of public enterprises has drawn increasing concern in society. Most public enterprises in the past were natural monopoly industries, because the country directly controlled them and monopoly is not prominent. But, with the improvement of living standards of the people as well as the public demand for products continues to increase, the monopoly of public enterprises are more and more questioned in the community, mainly because of public enterprises by virtue of monopoly or oligopoly advantage of the implementation of monopolistic behavior, not only the poor quality of services or products with high prices, but a single product with the lack of selectivity. At the same time, public enterprises in high-income with low output, which widened the income gap between the communities, is also an important reason for growing concern about public enterprise monopoly. In recent years, continuously pushing forward the reform of monopoly industries has been an important topics of our government, and bold explorations of the Government have been carried out on the reform of monopoly industries through breaking apart the dominant public enterprises. However, how to view public Enterprises' split from a point of law especially anti-trust law and carry out the necessary legislation, is an important issue of the current. This is also the question of this paper to answer.In addition to the preamble and the conclusion, the article is divided into four parts.The first part is "split and its significance of the anti-monopoly law." The part is divided into three sections to describe: the first is the basic meaning, the nature and types of split. This section starts with the clear meaning of split of economic law, which differs from some concepts of civil code such as separation and withdrawal of company, and it is pointed out that the significance of split in economic law refers to a company's organs is separated into two or more parts and components in law have independent civil rights. On this basis, secondly, the nature of split is analyzed. Split is a competitive means of relief, and reflects the country's business mandatory intervention, and then the nature of split is stated from the real ration and formation, the main content, as well as purpose of it. Finally, split is classified from four aspects of object, method, standard, player of it. It was followed that monopoly is the general basis of split. Monopoly as a socio-economic phenomenon is the inevitable result of economic development, but inevitable appearance of monopoly can not deny the reasonableness of the antitrust, and the economic destruction of monopoly in particular to competition makes anti-monopoly restrictions become necessary, and then split appears during government's regulating monopolistic behavior and promoting of competition. Finally, in the form of charts and the cases of split states the significance of it in anti-monopoly law.The second part is "the concept of public enterprise and the theoretical foundation of split." This part discusses three sections: First, the basic concept of public enterprise. Public Enterprise from natural monopoly, there are many similarities, even in the traditional understanding it is not to distinguish between the two. However, public enterprise can be competitive with and natural monopoly is unsuitable for competition, as well as in the anti-monopoly law, natural monopoly is applicable exception, and common enterprise applies to anti-monopoly law. Therefore, the definition of public enterprise is: enterprises or economic organizations based on certain infrastructure and monopolistic position in the market, mainly through market adjustment to provide public or quasi-public goods. Based on the concept of public enterprise, particularly it stresses the side of its natural monopoly, why the public regard public enterprise as a target for anti-trust law. Second, through the introduction of foreign enterprises' split in the United States, Britain and other countries in the EU and Japan, the public enterprise split in anti-monopoly practice of a certain degree is universal. Finally, it focuses on the common theoretical foundation of enterprise split, respectively from the two major theoretical viewpoints-structuralism and behaviorism , and from the perspective of state intervention in the structure it supports the basic view of structuralism that split is an inevitable choice, when the country overcome market failures to intervene in the market competition structure so as to promote competition.The third part is "the implementation of split of Public Enterprises." The section is divided into four parts discussed: First, the market structure mode selection of public utility enterprise begins with, from the perspective of promotion of effective competition, the market structure of the public enterprise split having an important role. And from theory's point of view of effective competition, it is pointed out that monopolistic competition structure suitable for public enterprises resolution, because of public enterprises in the dual characteristics of economies of scale and competitiveness, but also pointed out that the mode selection of market structure has defects. Secondly, the conditions of implementation of public enterprises split, author believes that a serious shortage of competition within an industry, public enterprises in the relevant market or living in absolute monopoly dominance, public enterprises monopoly, the feasibility of such a split are basic conditions for the implementation of public enterprises split. In the condition of monopolistic behavior, it is discussed deeply in the aspects of three specific analysis including monopoly agreement, operator merger and abuse of dominant market position. Again, the concrete implementation of split is illustrated from the principles, procedures and players of the implementation of split. Generally, it is according to the principle of the law itself and the principle of reasonable common enterprise to judge monopoly. In accordance with China's actual situation, China should adhere to "the principle of the law itself mainly, the principle of reasonable supplemented by ". Finally, public enterprises split faces many difficulties including the split with the purpose and actual results, split and economies of scale, split and universal service, split and new technology, split and spin-off costs, split and bigger or stronger domestic enterprises, and several other contradictions and difficulties, and this explains that the separation of the public enterprises facing with various challenges.Part IV is "existing problems of China public enterprises split and legislative proposals." This section has two parts: First, the existing problems of China's public enterprises split. China's public enterprises split has many problems, such as mainly government-led flavor and color fragmentation obviously, the administrative monopoly not broken, lack of matching control measures after the split, and split legislation still staying in the policy level, the existence of such problems has greatly restricted the effectiveness of split. Second, it is legislative perfect of our common enterprise split, highlighted in the anti-monopoly law to set up an authority of split, the exercise of which to a clear separation and the main terms of reference to ensure that the unity and authority of Resolution. Anti-monopoly law should perfect the Split standard, from the market share criteria and standards of conduct .At the same time strengthen the legislative resolution procedures for public participation and judicial supervision. Particularly, in the implementation phase of separation create legal room for judicial intervention split and overcome shortcomings of stage in which the legal accountability to consider judicial intervention legislative. More importantly, through the strengthening of industry regulatory legislation, on the one hand for the public utility enterprise to provide better resolution supporting systems security, to ensure the validity of split, on the other hand, increase the power sector regulatory bodies bound, and sever its common link to the interests of enterprises. In addition, policies of public enterprise reform should be rules of law, and provide adequate legal protection for separation of public enterprises.Conclusion part of the full text is a brief summation and stresses the principle of "cautious split". Finally, as an example, the British public enterprise reform shows that if China's public enterprise reform can result remarkably, the key lies in how to break up monopolies, and to promote effective competition, rather than to find the answers in the level of property ownership.