Legal Issues Of China's Marketization Of Public Utilities

This article expounds the public enterprise marketization law which is led into the theme through discussing the related case. The article then analyzes the legal situation of our country's public enterprise marketization and the modes of business operation existed. Basing on analyzing external experence, this article put forward the Public enterprise should open market, introduce competition, execute marketization management which is necessary and feasible; Then, proposed our country Public enterprise carries on when the marketability possibly faces the concrete legal matter, and had pointed out carries on the insufficiency which to the present Public enterprise the rules and regulations the legal regime exists; Finally, through to the UK-US two country Public enterprise marketability reform's inspection, summarizes the related experience and the lesson, and proposed at these experiences and in the lesson foundation solves related legal matter which in our country Public enterprise marketability process meets. This article by the main text and the conclusion two parts of constitutions, its main text is divided five chapters, the actual content is as follows:The first chapter is the introduction related case, draws out subject which must elaborate. This case involves the main body is the Y city municipal government and A pipeline fuel gas Limited company which sets up by the private capital; Disputed that the focal point is the Y city municipal government whether to be authorized the breach of contract agreement, divides the management scope with"the red line"; What reflected is our country in carries on the public enterprise marketability process, The government and enters this market the privately operated capital or other capital role localization and government's good faith and so on related legal matter.The second chapter is carries on the limits and the elaboration to our country Public enterprise's concept and the nature and the monopoly reason and other correlation theories. This chapter first through carries on the limits and the analysis to our country public enterprise's concept and the nature, has drawn the following conclusion: The Chinese public enterprise has the civil subject and the administrative main body dual legal statuses , the administrative main body produces administrative is Public enterprise's essential attribute, this kind of administrative attribute is the public enterprise has the monopoly immediate cause; Then, this chapter analyzed our country public enterprise to monopolize the malpractice which the management the present situation and this modes of business operation existed, based on this and has proven the public enterprise open market, the introduction competition, the execution marketability management necessity and the feasible rationale.The third chapter the legal matter which existed to our country Public enterprise marketability has carried on the discussion. Our country public enterprise marketability exists the legal matter mainly has two aspects: The concrete legal matter which present carries on the rules and regulations to the public enterprise the legal regime to have the question which and in the public enterprise marketability process faces. Present carries on the question main performance which to the public enterprise the rules and regulations the law exists is as follows: First, standard public enterprise domain profession law existence insufficiency; Second, standard market competition behavior legal existence insufficiency. In the public enterprise marketability process faces the concrete legal matter mainly has three aspects, namely the government faces the concrete legal matter, the enterprise faces the concrete legal matter, the society faces concrete legal matter.The fourth chapter through carries on the inspection to the British US public enterprise marketability, thus obtains the related enlightenment. First, the public enterprise marketability was the question which a national development certain stage needed to meet, the government has played the strong character in this process; Second, in the public enterprise marketability process, must grasp the rules and regulations the legislative criterion, prevents to compete excessively, will otherwise have the significant negative influence to the state economy.The fifth chapter is proposed that in our country public enterprise marketability process is related the legal matter the solution way. Carries on the question solution which to the Public enterprise the rules and regulations the legal regime exists: When strengthens and the consummation profession legislation, should take promote to compete effectively, the consumer protection rights and interests as the total guiding principle; Strengthens the counter-monopoly law enforcement's independence and authorized the counter-monopoly organization to public enterprise's department responsible for the work and to the administrative monopoly jurisdiction. In the public enterprise marketability process faces the concrete legal matter's solution mainly has the following measure: Implements the reasonable price control and the consummation price hearing system; Requests the enterprise in the related profession laws and regulations to undertake the interconnection intercommunication duty.