On The Research Of Chinese Telecoms’ Anti-monopoly Regulation

The traditional economic theory thinks that the telecommunication industry is a typicalnatural monopoly industry, which belongs to the application of anti-monopoly law with theexception of range, but in recent years, with the development of science and technology intelecommunications industry,the feature of natural monopoly have made very big change,and economic law theory has made great innovation and development. It is a commonpractice to strictly limit the exceptional scope of application of the anti-monopoly law. Inview of the telecommunication monopoly anti-monopoly regulation, we have sufficienttheoretical basis and realistic basis of science and technology. Investigating the telecomindustry development of main countries and regions in the world, we can see thetelecommunication industry reform has gradually introduced the antitrust regulation, andeventually the telecommunications industry into the application of anti-monopoly law, whichfor the telecommunications industry in China’s anti-monopoly legislation and judicature hasimportant reference significance.This paper takes our country telecommunication monopoly as the research object,through the exploration of China’s telecom industry monopoly the main performance, reason,proves that the telecommunications industry in China should introduce the mechanism ofcompetition from theory and practice two respects, the telecommunications monopoly in antimonopoly law regulation of the necessity and feasibility of the telecommunications industry,foreign anti monopoly regulation practice investigation and summary of experience, to thetelecommunications industry in China’s anti monopoly law regulation to provide some usefulsuggestions.In addition to the Preamble, this paper is divided into four parts:The first part mainly introduces the specific performance of administrative monopoly,joint restricting competition, abuse of dominant market position etc exiting in China’stelecommunications industry, make a thorough analysis of the reasons for the formation ofthe monopoly of the telecommunications industry, think that specificity of the industry, thestructural causes of the telecommunications industry and the lack of antitrust law system ofChina’s telecommunications industry are the main reasons of the monopoly of thetelecommunications industry, and expound in details. The second part elaborates that the monopoly of the telecommunications industry hashindered the development of the telecommunications industry, and made a serious damage tothe interests of consumers and other telecommunications operators’ fair chance to compete,which bring harm to the national economic competition order. This paper combines naturalmonopoly industries in the application of the Antimonopoly Law "principle applies,exceptions exemption" theory and telecommunications technology development, WTOrequirements of reality, propose that it is necessary to introduce a competition mechanism inChina’s telecommunications industry to resolve the question of monopoly of thetelecommunications industry in China.The third part mainly studies the foreign Telecommunications anti-monopoly regulationpractice, introduces the regulatory measures against the monopoly of the telecommunicationsindustry taken by the European Union, the United States, Japan and other countries, sums upanti-monopoly regulatory experience, such as the establishment of the telecommunicationsindustry antitrust law system, the implementation of asymmetric regulation, universal service,the establishment of an independent telecommunications industry regulatory bodies, and thusprovides some useful inspiration for anti-monopoly regulation of the telecommunicationsindustry.The fourth part combines the causes of the telecommunications industry monopolyformation, the experience of foreign telecommunications industry antitrust regulation systemand our country’s legislative and judicial practice for our telecommunications industry, inview of our country telecommunication monopoly situation, puts forward the basic principleof telecommunication industry in China anti-monopoly regulation legal system, theestablishment of telecommunication regulatory agencies and the telecommunications industry,the anti-monopoly law enforcement agency communication and coordination and so on, inorder to solve the problem of monopoly of telecommunication industry in china...