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On the Improvement of Monopoly Laws and Regulations in China's Power Industry

编辑: 毕业论文 Release time: 2016-08-29 Editor: Graduation Thesis

Abstract: As a basic industry related to national economy and people's livelihood, the power industry is not only closely related to people's daily life and social stability, but also related to national economic security. For a long time, the power industry has been regarded as a natural monopoly, and China has adopted a regulatory model of state monopoly management and government administration. With the development of China's market economy and technological progress, the disadvantages of monopoly in the power industry have become increasingly apparent. In accordance with the specific conditions of China's power industry, improve the laws and regulations on the monopoly of the power industry in China. It is necessary to improve the anti-monopoly laws and regulations of the power industry. Regulatory system.

Keywords: power industry; monopoly; legal regulation; perfection

I. Improve the anti-monopoly laws and regulations of the power industry

(1) Improve the "Antitrust Law"

According to the experience of other developed countries, antitrust laws play an important role in regulating the monopoly of the power industry. The promulgation and implementation of the "Anti-Monopoly Law", known as the "Economic Constitution," played an important role in regulating the monopoly of the power industry. However, at the same time, we should also see that the Anti-Monopoly Law still needs to be improved in regulating the monopoly of the power industry. In the anti-monopoly legal system, the exemption system is an important component. Its main role is to protect the special industries related to the national economy and the people's livelihood by using legal means to promote the development of these industries and meet the needs of social and economic development. With the continuous development of society and economy, the application scope of anti-monopoly laws in many foreign countries to the power industry has been shrinking. According to the provisions of Article 7 of the current Anti-Monopoly Law, China ’s anti-monopoly law uses the principle of “general exemptions and exceptions” for the regulation of the power industry. As a result, power companies usually take the “general exemption” as their implementation. Market monopoly and a shield for restricting and excluding competitive behavior.

(2) Improvement of the power industry law

Legally regulate the monopoly of the power industry and improve the anti-monopoly laws and regulations of the power industry. In addition to improving the Anti-Monopoly Law, the legislation of the power industry must also actively cooperate.

2. Regulation of Monopoly in the Power Industry

(1) Introduction of competition in power generation

In the power generation sector, due to the limited number of power generation enterprises, and limited power generation enterprises, especially state-owned power generation enterprises formed after reorganization, there is still a large-scale enterprise, coupled with the existence of transmission resistance plugs, which causes power generation enterprises to control their adjustable capacity, which affects Price, abuse of market power is very prominent. The power generation link is a competitive business field. To regulate the monopoly of the power generation link, the best solution is to ensure that there are enough competitors in the power market. Therefore, based on the establishment of a good regulatory mechanism and environmental protection, power generation should be based on Introduce competition as soon as possible.

(2) Regulations on the exemption of monopoly structures and restrictions on competition in the transmission sector

The transmission link has the characteristics of obvious economies of scale and the sinking of fixed costs. Economically, only one transmission network in a region is the most economical and most conducive to the improvement of economic efficiency. Efficiency is the ultimate goal of antitrust. Because the transmission link has typical natural monopoly attributes, countries around the world implement monopoly operations on the transmission link. The exemption of the monopoly status of the power transmission link by the law does not mean that the grid companies should be allowed to develop regardless of any operation.

(3) Regulation of the monopoly structure and behavior in the distribution sector

Compared with the transmission link, although the distribution link has the characteristics of sinking fixed costs, it may be uneconomical to blindly expand the distribution area. Therefore, with regard to the laws and regulations in the field of power distribution, the monopoly structure and competition behaviors in the power distribution sector can be regulated together, and a certain degree of competition can be achieved under the realization of a moderate monopoly structure, and gradually realize the "separation of transmission and distribution-wholesale competition- Retail competition. Separation of transmission and distribution is a prerequisite for introducing competition in the distribution link, wholesale competition is the deepening of competition in the distribution link, and retail competition requires the distribution network to be open to users.

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