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Study of Legal Issues Concerning Public Enterprises Price Regulation in China

Author: ZhouYou
Tutor: ZhaoXueGang
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Public Enterprises Price Regulation Legal System
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract

Public Enterprises price regulation is the core of public enterprises and coordinate the contradiction between the social and public interests. Price Regulation of Public Utilities of the current system, there are some fundamental deficiencies in the system, such as price formation mechanism is unreasonable, can not truly reflect market supply and demand and the scarcity of resources and lead to loss of social welfare and other issues, the establishment of complete utility companies price regulation legal system, is the fundamental solution of Public Enterprises diehard institutional flaws base path. This study suggests that public enterprise price regulation reform must be public enterprises public values ??the principle of improving and perfecting of Public Enterprises price regulation to the relevant laws and its system, establish and improve the Public Enterprises price regulation of the legal system, from a legal the system to ensure benefits for the public utility companies to maximize the social welfare services, from the fundamental solution of Public Enterprises diehard institutional problems, which for the price regulation of Public Enterprises Reform and institution building of great practical value, but also the study the fundamental purpose. This article from the five aspects of public enterprises to establish and improve our system of price regulation conducted a comprehensive in-depth analysis and research. The first part of this public enterprise price regulation of some of the basic concepts of analysis and research. First, the public enterprises to be discussed were defined, analyzed the public enterprise has the three basic characteristics, ie having natural monopoly and natural monopoly nature of both public and profitable properties and also has a network of and regional characteristics, to the inherent characteristics of public companies as a starting point, analyze and discuss the price for the public enterprise legal regulation of reasons; Then, from the utility companies and utility companies product pricing methods the two aspects of product pricing procedures common enterprise products pricing mechanisms were discussed, considered reasonable price system is in public enterprises and the public to find a balance between the interests, both to prevent the use of monopoly enterprises to seek high profits and harm the interests of consumers, but also to ensure that enterprises can compensate costs and a reasonable profit, and ultimately the interests of both consumers and businesses to maximize. The second part focuses on Public Enterprises need price regulation. First, based on the public enterprise price regulation meaning that the public enterprise price regulation is essentially through science, rational, standardized public enterprises price formation mechanism and Public Enterprises price control mechanism to ensure that public enterprises to the community to provide sustained, stable and secure public goods and services, to ensure public welfare and inclusive public enterprise goals. Then price regulation from the public enterprise perspective of the social value that corporate social welfare based on a common property, to protect the public enterprise products and services, social justice, the government acts as the regulator of the market is bound to be priced on Public Enterprises price intervention This view of economics and law and jurisprudence from the perspective of giving arguments and support. Then, and from public enterprises to ensure public welfare and the prevention of abuse of monopoly power utility companies highlighted two aspects of price regulation has the important significance. The third part analyzes of Public Enterprises price regulation status of the legal system and problems. First of all, in general that because of the current regulatory system in the Public Enterprises absence of the legal system, leading to public enterprise price regulation reality mess like profusion. Then, from the perspective of the legal system, respectively, of Public Enterprises price regulation legislative situation, pricing methods, pricing procedures and Public Enterprises price regulatory agencies and other aspects of the issues in-depth analysis and research. The fourth part of the comparative study major EU member states, the United States and Japan and other developed countries, public enterprise price regulation of the legal system that developed in the common enterprise of institutional price regulation, first established to protect the interests of consumers and the basic legal principles of social justice , followed by the law of price regulation, through the system at a higher level in accordance with laws and regulations to promote the efficiency of public enterprises, promotion of social welfare, these successful experiences for price regulation of Public Enterprises to establish and perfect the legal system has a reference. The fifth part reflects the main results of this study, proposed the establishment and improvement of Public Enterprises price regulation policy recommendations for the legal system. In the study, based on several aspects that price regulation of Public Enterprises legal system construction, we must adhere to economic efficiency, social equity as a legislative priority in the first principles and basic principles, in this guiding principle, to achieve our common enterprise price regulation reform, the basic path is to establish common enterprise market mechanisms legalization direction, establish and improve our public enterprise regulation of the market operation mechanism and legal system, the market mechanism is to achieve our shared corporate services in social welfare objective basis laws and regulations is to maintain orderly market operation of Public Enterprises and fair system of social protection.

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