中国电信业反垄断规制中的制度性缺陷与对策研究.pdfVIP

复旦大学顾十论文 ABSTRACT The paper，regarding the anti—monopoly regulation process as the major idea， makes an evaluation on institutionalized defects ofregulation based on the procedural regulation value setting after differential comparison．As for institutiormlized defects， the paper,paying削l resp02t to the objective law of the development of telecommunication and information technology,not only parses the intemal mechanism that China’s anti-monopoly regulation of telecommunication should be distinct from that of traditional economic powers with a sound legal system such as United States due to that regulation is ahead of legislation in China,but also puts forward some critiques on the randomness of regulation and uncertainty of industrial growth which results from the caprice of value—setting of regulatory policy,thereby expounding further the iucompleteness of China’s anti—monopoly regulation of telecommunication from the perspective ofuncertainty ofthe law．The author has no intention to criticize the uncertainty of the lave,because in China it is the unwarranted worries toward it that make us lack the boldness to pass the suitable anti-monopoly law and telecommunieation law诵tll the consequence of losing gradually the deserved time value of the law due to the hesitation．On the contrary,the author argues tllat the inherent value of the uneertainty of law shouid be deservedly considered．though we shouldn’t abuse its value with the consequence of the law enforcement undermined．11地paper endeavors to provide a route between t11e fundamental uncertainty of law and the certainty of law锄forcement．which synchronizes as much as possible the legal process of China’s anti-monopoly regulation of telecommuaication with that of western advanced countries with a mature market economv．m value of the sync lies in not only standardizing the domestic telecommunication markeL but also providing a defensive cushion on legislation for protecting national industry and consumers while overseas