公用事业监管法治化研究

公共利益的价值定位和公用事业的自然垄断等特性,使得市场竞争机制及以维护竞争为目标的反垄断法在公用事业领域难以充分发挥作用,而对公用事业进行法律干预又是必要的。实践证明,监管制度因其独特价值而成为法律干预公用事业的优选。但要实现监管的制度价值,法治尤为关键,即追求良性的监管依赖于完善的法律制度基础和可靠的法律促进机制。公用事业监管的法治化应包含"有理"、"有权"、"有限"、"有效"、"有责"等核心要素。公用事业改革的国际经验也证实了监管法治化的重要作用。

Research on Legitimizing the Regulation of the Public Utilities

Due to the public interest value orientation and economic technical characteristics of natural monopolies, it is hard for the market competition mechanism and the anti-monopoly law aiming at preserving competition in the field of public utilities to fully play its role, yet legal intervention is necessary. Practice shows that priority shall be given to regulatory system because of its unique value. However, to realize the value of supervision system, rule of law is particularly crucial, that is, the pursuit of a benign regulatory rely on a sound legal system and a reliable legal basis for the promotion mechanism. To legitimize the regulation of public utili- ties, the kernel of the matter includes ： reason, right, bound, efficiency, responsibly, etc.. International experience in this filed also has confirmed the importance of legitimizing the regulation of the public utilities.