自然垄断产业授权立法成本的控制模式

Control Mode ot Authorized Legislation Cost in Natural Monopoly Industry

自然垄断产业是授权立法的主要适用领域。在现代规制的效率目标下,授权立法必须控制代理成本。授权幅度、程序控制、规制机构的独立性、规则的监督这些单一控制工具对于最小化代理成本存在着一定程度的功能障碍,结构控制模式才能实现成本控制的功能整合,并解释各国多样化成本控制制度的权变特征。中国自然垄断产业授权立法应利用结构模式,结合国情,优先选择适应性的规制改革路径。

Natural monopoly industry is the main field of authorized legislation. From the view of efficiency of modern regulation, authorized legislation should control its agent cost, which also becomes the central content of the governance structure of natural monopoly industry of many countries. There are mainly two modes to control agent cost, that is, the single control mode and the structure control mode. To control the scope of authorization, to make authorizing rules, to maintain the independency of regulation organs and to perfect the procedure of authorized legislation are the four main specific tools used by many countries adopting the single control mode, although different countrieshave different emphasis. Although the single control mode can decrease the agent cost of authorized legislation, it educes new cost which also should be controlled. To overcome this defect, different control tools should be integrated to support each other, thus the cost control mode shows a transition from the single control mode to the structure one.The structure control mode has introduced a variety of control tools into itself. It analyzes the relationships between these tools and agent cost, and selects different system tools according to different circumstances. The structure control mode can not only realize the integrity of different functions of different control tools, but also reduce the side effects of different tools and realize their functional complementation. The structure control mode has also revealed that, in different institutional endowments, the systematic tools of different countries to control agent cost can be variable and multiple. The reality of Chinese regulation reform of natural monopoly industry shows that the decision maker has selected the single control mode and negleeted the effect of the structure mode, and such approach selection cannot adapt to the need of reform. The ideal mode to control the agent cost of Chinese natural monopoly industry authorized legislation should make an organic integration of various control tools to construct a structure control mode. And the adjustment of authorization scope should be a priority in the short-time plan.