我国铁路行业反垄断法律规制研究
发布时间：2018-08-13 15:25
【摘要】：现在铁路行业仍将整个行业顶层的管理集中在自己身上，不仅行使着政府的监管调控权力，，还直接管理着各个铁路局的人、财、物，铁道部几乎垄断了该行业的全部权力。高度垄断的状况及其所带来的问题，已经成为了我国改革开放至今所需要面对的又一重大课题。笔者想通过本文讨论我国铁路行业的垄断现状以及怎样运用法律手段对其进行反垄断法律规制的问题。本文共分为五章： 第一章为反垄断法律规制的基础理论与实践分析。笔者从铁路行业的行业特征引入，同时研究了垄断、自然垄断、行政垄断等竞争法领域的基础理论。探讨了传统理论中铁路行业垄断的性质以及我国铁路行业垄断特征与自然垄断、行政垄断之间的关系。笔者想通过对这一问题的研究从理论上分析我国铁路行业反垄断法律规制的理论可行性。 第二章为我国铁路行业垄断现状分析。笔者通过对我国铁路行业现行建设、经营及管理体制的研究，归纳出我国铁路行业垄断的成因、特征及垄断所带来的危害并着重对我国《反垄断法》颁布前后的反垄断法律规制状况进行了对比研究,提出了我国在这个方面的所取得的成绩和不足之处。通过对我国铁路行业现状的分析，说明我国铁路行业反垄断法律规制的必要性。 第三章为国外铁路行业反垄断法律规制的现状及启示。笔者对比研究了美国、英国、德国的铁路行业反垄断法律规制经验，总结出了这些铁路行业反垄断改革取得成功的国家的改革共性。笔者通过研究认为，我国若要进行铁路行业反垄断改革，有很多可以从这些国家吸取的先进经验，也有很多可以借鉴的做法。 第四章为完善我国铁路行业反垄断法律规制的建议。通过以上四个章节的研究，笔者带着所发现的问题，以达到优化现有铁路运营和管理机构，规制铁路运营和管理活动目的，提出了完善和加强《反垄断法》在铁路行业的适用，完善我国铁路行业反垄断专门立法，完善我国铁路行业反垄断执法机构等三个建议。以求为解决我国铁路行业目前存在的由高度垄断带来的种种弊端和危害建言献策。
[Abstract]:At present, the railway industry still concentrates the top management of the whole industry on itself. It not only exercises the government's regulatory and regulatory power, but also directly manages the people, wealth, property, and railways of the various railway bureaus. The Ministry of Railways has almost monopolized all the power of the industry. The situation of high monopoly and its problems have become another important subject that our country must face up to the reform and opening up to now. The author would like to discuss the current situation of China's railway monopoly and how to use legal means to regulate it. This paper is divided into five chapters: the first chapter is the basic theory and practice analysis of anti-monopoly legal regulation. The author introduces the characteristics of railway industry and studies the basic theories of competition law such as monopoly, natural monopoly, administrative monopoly and so on. This paper discusses the nature of railway monopoly in the traditional theory and the relationship between the monopoly characteristics of China's railway industry and natural monopoly and administrative monopoly. The author intends to theoretically analyze the theoretical feasibility of antitrust legal regulation in China's railway industry through the study of this problem. The second chapter is the analysis of the current situation of the railway monopoly in China. Based on the study of the current construction, management and management system of the railway industry in China, the author concludes the causes of the monopoly in the railway industry in China. This paper makes a comparative study on the legal regulation of anti-monopoly before and after the promulgation of the Anti-monopoly Law in China, and points out the achievements and shortcomings of our country in this respect. Based on the analysis of the present situation of railway industry in China, the necessity of anti-monopoly legal regulation in railway industry of our country is explained. The third chapter is the current situation and enlightenment of foreign railway industry anti-monopoly legal regulation. The author compares the antitrust laws and regulations of the railway industry in the United States, Britain and Germany, and sums up the commonness of the reform in the countries where the antitrust reform of the railway industry has been successful. The author thinks that if our country wants to carry on the antitrust reform of the railway industry, there are many advanced experiences that can be drawn from these countries, and there are also a lot of practices that can be used for reference. The fourth chapter is the suggestion of perfecting the anti-monopoly law of railway industry in our country. Through the study of the above four chapters, the author brings forward the problems found in order to optimize the existing railway operation and management institutions, regulate the railway operation and management activities, and put forward to improve and strengthen the application of the Anti-monopoly Law in the railway industry. Three suggestions are put forward to perfect the anti-monopoly legislation of railway industry in our country and to perfect the anti-monopoly law enforcement agencies of the railway industry in our country. In order to solve the problems and harm caused by the high monopoly in the railway industry of our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.294;F532
本文编号：2181390
[Abstract]:At present, the railway industry still concentrates the top management of the whole industry on itself. It not only exercises the government's regulatory and regulatory power, but also directly manages the people, wealth, property, and railways of the various railway bureaus. The Ministry of Railways has almost monopolized all the power of the industry. The situation of high monopoly and its problems have become another important subject that our country must face up to the reform and opening up to now. The author would like to discuss the current situation of China's railway monopoly and how to use legal means to regulate it. This paper is divided into five chapters: the first chapter is the basic theory and practice analysis of anti-monopoly legal regulation. The author introduces the characteristics of railway industry and studies the basic theories of competition law such as monopoly, natural monopoly, administrative monopoly and so on. This paper discusses the nature of railway monopoly in the traditional theory and the relationship between the monopoly characteristics of China's railway industry and natural monopoly and administrative monopoly. The author intends to theoretically analyze the theoretical feasibility of antitrust legal regulation in China's railway industry through the study of this problem. The second chapter is the analysis of the current situation of the railway monopoly in China. Based on the study of the current construction, management and management system of the railway industry in China, the author concludes the causes of the monopoly in the railway industry in China. This paper makes a comparative study on the legal regulation of anti-monopoly before and after the promulgation of the Anti-monopoly Law in China, and points out the achievements and shortcomings of our country in this respect. Based on the analysis of the present situation of railway industry in China, the necessity of anti-monopoly legal regulation in railway industry of our country is explained. The third chapter is the current situation and enlightenment of foreign railway industry anti-monopoly legal regulation. The author compares the antitrust laws and regulations of the railway industry in the United States, Britain and Germany, and sums up the commonness of the reform in the countries where the antitrust reform of the railway industry has been successful. The author thinks that if our country wants to carry on the antitrust reform of the railway industry, there are many advanced experiences that can be drawn from these countries, and there are also a lot of practices that can be used for reference. The fourth chapter is the suggestion of perfecting the anti-monopoly law of railway industry in our country. Through the study of the above four chapters, the author brings forward the problems found in order to optimize the existing railway operation and management institutions, regulate the railway operation and management activities, and put forward to improve and strengthen the application of the Anti-monopoly Law in the railway industry. Three suggestions are put forward to perfect the anti-monopoly legislation of railway industry in our country and to perfect the anti-monopoly law enforcement agencies of the railway industry in our country. In order to solve the problems and harm caused by the high monopoly in the railway industry of our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.294;F532
【参考文献】
相关期刊论文 前1条
1 潘振锋,荣朝和;从英国铁路引入竞争的尝试看铁路改革与重组[J];铁道学报;2004年03期
本文编号：2181390
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