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Research of Public Utilities Anti-Trust Law Rules

Author: GuoJianXiu
Tutor: XuWeiMin
School: Shandong University
Course: Legal
Keywords: Public utilities Monopoly Legal rules and regulation
CLC: D922.294
Type: Master's thesis
Year: 2008
Downloads: 217
Quote: 2
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Abstract


The public utilities are the foundation of the national economy .Not only its state of operation quality, the quality of service and the price level concern public life, but also concern national economy security and stable. Thus various countries are extremely careful in the processing Public utilities question. The Public utilities belonged to the antimonopoly law exemption domain for a long time in the past, the country allows it to use the monopoly way management. But along with the time development, the traditional pattern’s malpractice underlines day by day, various countries have carried on the resonsideration to the Public utilities law rules and regulations pattern, started the Public utilities rules and regulations reform tide, the Western developed country has carried on the fruitful reform in the 80s-90s to the Public utilities .This article need to emphasis our country Public utilities profits from the overseas experience, the exploration suits our country Public utilities counter-monopoly the legal countermeasure.This article is divided four chapters besides the introduction and the conclusion:The first chapter the author obtains first from the Public utilities elementary theory, in comparison various countries to the Public enterprise legislation definition’s foundation, induces Public utilitie’s concept and the characteristic.The second chapter has analyzed Public utilities ’s traditional adjustment pattern and the counter-monopoly rules and regulations reform. First has analyzed Public utilities ’s traditional adjustment pattern, along with the time development, the traditional pattern’s malpractice underlines day by day. Then has analyzed various countries to the Public utilities tradition adjustment pattern transformation theory and the reform practice. The author elaborated the Western country Public utilities counter-monopoly rules and regulations change situation take UK and US as the example.The third chapter mainly discusses our country Public utilities and the antimonopoly law law rules and regulations present situation. First referred to the country Industrial and commercial administration bureau to promulgate in December 24, 1993 "about Forbids Public enterprise To limit Competition Behavior Certain Stipulations" discusses in the practice our country Public utilities to monopolize the behavior the performance and the harm. Then based on this discussed our country Public utilities counter-monopoly legal rules and regulations present situation and the existence question.The fourth chapter is consummates our country Public utilities antimonopoly law law rules and regulations the conception. Based on the beforehand chapter’s analysis, author proposed that in legal rules and regulations principle’s under and so on relaxation control, effective competition, consumer protection benefit instructions, consummates our country Public utilities law rules and regulations system’s conception. Including strengthens with the perfect profession legislation; In "Antimonopoly law" seventh and so on under the general rule provision’s direction, reasonable carries on the guidance to the Public enterprise; As well as formulates "Public Law of utilities "; Simultaneously continues to clean up the existing legal rules and regulations, prevents between the different laws and regulations to wrangle mutually, full display related law to Public utilities ’s rules and regulations function. Then analyzed has carried on the service separation to the Public utilities, classified carries on the rules and regulations using the control and the counter-monopoly correlation theories the countermeasure.

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