Dissertation
Dissertation > Political, legal > Legal > Chinese law > Economic Law > Of economic and transportation of Posts and Telecommunications Management Act

Telecommunications administrative monopoly law regulation Research

Author YangYang
Tutor HeBing
School China University of Political Science
Course Constitutional and Administrative Law
Keywords Telecommunications industry Administrative monopoly Legal Regulation Anti-monopoly law Independent regulatory bodies
CLC D922.296
Type Master's thesis
Year 2008
Downloads 210
Quotes 2
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The telecommunications industry is the important areas relating to the fate of their country, its rise and fall of a direct impact on the quality of life of the country's economic development level and the public. 1980s, 1920s, most countries are classified as \With the development of information industry, the nature of the telecommunications industry a great deal of changes, \. China's market economic system transition from a planned economy from the Telecom initially by the State and the Government's central management. The reform and opening to the telecommunications industry era of opportunity, sweeping changes followed. In the 1990s, the countries have set up a Ministry of Information Industry, implementation and management of electronic information industry, telecommunications and the progressive realization of a separate government from enterprises. In the 20th century, the country split China Telecom, to continue to implement the reform of the telecom industry, trying to introduce market competition mechanism, the establishment of a diversified market pattern. Today, however, the domestic telecom market conditions, effective competition in the telecommunications field and did not realize, are still emerged the apparent exclusive monopoly or oligopoly situation in the fixed field and mobile communications. China's telecommunications market monopoly causes are many, in view of the author's professional, administrative monopoly is selected as the research perspective of this article, four part in-depth analysis of the causes of hazards, and legal regulation of administrative monopoly of China's telecommunications. The first part begins connotation and characteristics of administrative monopoly, aimed at writing the beginning of the article focus on the issue of research in the administrative monopoly, to build a clear theoretical platform for everyone. Subsequently to analyze the two classification areas of administrative monopoly monopoly and industrial monopolies, telecommunications administrative monopoly can have a clear attribution. The second part describes China's telecom industry from the 50 years since the development process, several rectification of the telecommunications industry market situation analysis, drawn to China's telecom market is not effective competition, the executive power to hinder competition in the formation of important reason. The author for the main features of China's market monopoly of the telecommunications administration is divided into external administrative monopoly and internal administrative monopoly, the monopoly of the causes attributed to institutional factors, financial and tax factors, operating the main factors, the factors of inertia and the law and the absence of factors. Subsequent administrative monopoly from the telecommunications regulatory effect, the negative impact of the price mechanism and its harmful consequences to clarify the Chief of China's telecommunications monopoly not only impede the progress of the technology, but also damaged the interests of consumers. The third part of the theme of the legal regulation of the telecommunications administrative monopoly. First, starting from the basic principles of the WTO and member states obligations of government and telecommunications companies were reducing trade restrictions and requirements, change management mechanism. Subsequently, a brief administrative monopoly on the Russian and Ukrainian anti-monopoly legislation to be introduced for our references. Next, cut the right to control the functions of administrative law analysis of the necessity and feasibility of relying on administrative law on the regulation of administrative monopoly of China's telecommunications, focus on three aspects from the scope of administrative law, administrative procedures, the balancing mechanism. The fourth part of the countermeasures of China's telecommunications administrative monopoly, the author focuses on the perfection of the legislation and related institutional reforms. The introduction of the anti-monopoly law for the first time clear from a legal perspective the illegality of the administrative monopoly, but to solve the telecom administrative monopoly problem is not just an \the legislative process on the basis of the strengthening of \Reform, the author proposed the establishment of a business license bidding system, business segments, pricing mechanisms, and independent regulatory agencies. Of course, the problems in China's telecommunications development is just one of one of the problems of multiple and complex, administrative monopoly, the solution of the problem also requires institutional change, legislation, policies, various aspects of integrated governance. I would like to hope that through the writing of this article, play a little inspiration for the development of China's telecom industry reform.

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