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The Research on Legal Regulation of Monopoly in Energy Industry of Our Country

Author: TangYu
Tutor: ZhengPengCheng
School: Hunan University
Course: Economic Law
Keywords: Energy Industry Administrative Monopoly Natural Monopoly Industry Regulation Anti-monopoly Regulation
CLC: D922.29
Type: Master's thesis
Year: 2009
Downloads: 274
Quote: 6
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Abstract


Energy industry as the lifeline of the national industries, its importance is self-evident. Under the traditional legal regulation model of energy industry, basing on the economic nature of natural monopoly and the political nature of public interest, the energy industry is generally considered as a typical industry that is monopolized by the government and is not subject to anti-monopoly law in most countries. However, as science and technology developed rapidly over the past two decades, the natural monopoly attribute of the energy industry has changed obviously, elements in the energy industry were gradually reduced. Based on this, there was a market-oriented reform in the energy industry such as the electric power industry and the oil industry both in developed and developing countries, which is in order to relax regulations, recycle regulations and encourage effective competitions , and applied the anti-monopoly law to the energy industry.At present, the most serious question of China’s energy industry is that there are many monopolies,and most monopolies of the energy industry are administrative monopolies which are characterized by the administrative examination. Energy industry monopolies not only caused huge economic losses but also led to lower economic efficiency of energy enterprises, and against the interests of consumers, thereby aggravate the inequitable distribution of wealth, and cause corruption easily. So there is an urgent need to improve the legal regulation of energy industry system. First of all, establish the principle of the anti-monopoly regulations of the energy industry, including the principle of asymmetric regulation, the principle of effective competition, social principle, the principle of gradual and orderly progress and the principle of open the entrance of market; Secondly, improve the laws and regulations of the energy industry, learning from advanced international experience, draw up“Petroleum and Natural Gas Act”as soon as possible , and to speed up the amendment of“power law”and other laws to break the administrative monopoly in the energy industry as soon as possible; Thirdly, take the monopolistic behavior of energy companies into the scope of application of anti-monopoly laws, and apply the anti-monopoly law to it, at the same time, prescribe the jurisdiction of enforcement agencies of the monopoly conduct of energy enterprises in the implementation details of the anti-monopoly law; Finally, handle the relationships between the anti-monopoly regulation and energy industry supervision correctly, making the two to be coordinated in the energy industry and achieve effective competition in our country’s energy industry.

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