Comparative Research on German and Japanese Administrative Modernisation

德国和日本自上世纪80年代以来的电信业放松管制改革，可以通过两个两极分化的模型来解释。德国自1989年以来分三个阶段进行了渐进式改革，而日本在1985年进行了一次大规模改革后，实现了一些配套措施。这是对极化假说的一种解释。然后，从2003年到2004年，两国又完成了一次大的改革，达到了对电信的最低限度的管制。在两国的电信放松管制中，彻底取消了至少对国民经济起负面作用的网络、服务和价格的管制，而执行了对国民经济起积极作用的接驳规则和普遍服务管制。电信部门应该同时放松管制和重新管制的一个原因可以归因于电信服务的必要性和普遍性。由于它们兼具私人产品和公共产品的性质，因此必须对其进行规制。从这个意义上讲，德国法规和日本法规在2004年达到的阶段可以看作是必要的最低限度的法规，因为要修改的法规几乎被废除了，而那些将要制定的法规的基础已经确立。两国需要进一步讨论的共同观点是，应该如何制定互联互通规则和基于这些规则的互联互通实践以及普遍服务，以及在必要时如何改革相关法规。放松管制和再管制应根据有关商品和服务的特点而有不同的发展。从这个意义上说，电信市场应该被视为一个有待进一步分析的政策性领域，尽管目前监管已经达到了最低水平。

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.