Comparative Research on German and Japanese Administrative Modernisation

20世纪80年代以来德国和日本的电信放松管制改革可以通过两个两极分化的模型来解释。德国从1989年开始分三个阶段进行了渐进式的改革，而日本在1985年进行了大规模的一步改革后，又采取了一些配套措施。这是对极化假说的一种解释。2003年至2004年，两国又进行了一次大规模的改革，使电信管制达到了最低水平。在电信放松管制方面，两国至少完全废除了对国民经济产生负面影响的网络、服务和价格等管制，而对国民经济起到积极作用的连接规则、普遍服务规则等规制则得到加强。放松管制和重新管制在电信部门并行发生的原因可以归因于电信服务的必要性和普遍性。由于其兼具私人物品和公共物品的双重属性，必然要对其进行规制。从这个意义上说，德国法规和日本法规在2004年达到的阶段可以被视为必要的最低限度法规，因为要修改的法规几乎被废除，两国的共同点是，如何制定连接规则，如何在此基础上实施相互连接和普遍服务，制定和如何在必要时改革有关法规。放松管制和再管制应根据相关商品和服务的特点有不同的发展方向。从这个意义上说，电信市场应被视为一个政治领域，以进一步分析，虽然目前的管制已经达到最低限度的水平。

The deregulation reform of telecommunications in Germany and Japan since 1980s can be interpreted through two polarised models. In Germany a gradual reform through three stages since 1989 was carried out, while in Japan after a large one-step-reform in 1985 some complemental measures were realised. That is an interpretation for the polarisation hypothesis. Then in both countries from 2003 to 2004 one more large reform was accomplished so that a minimum level of regulation for telecommunications has been reached.In the telecommunications deregulation in both counties such regulations as at least of networks, services and prices functioning negatively for national economy are completely abolished, while such regulations as of connecting rules and universal services regulation functioning positively for national economy are enforced. A reason why deregulation and reregulation Should parallel occur in the sector of telecommunications can be ascribed to the necessity and universality of telecommunications services. Because they have both characters of private goods and public goods, there must be any regulation for them. In this sense the stage German regulation and Japanese one have reached in the year 2004 could be observed as a necessary minimum regulation, because regulations to be modified were almost abolished, while a basis for those to be set was established.Viewpoints common for both countries to be further discussed are how the connecting rules and the practice of mutual connections based on them as well as universal services should be developed and how the concerned regulations should be reformed if necessary. Deregulation and reregulation should have different developments based on the characters of concerned goods and services. In this sense the market of telecommunications should be considered as a polity field to be further analysed, although the regulation has already reached to the minimum level now.