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一、邮电专营的概念与特征邮政专营是指垄断经营特定范围的邮政通信业务的权利。世界上许多国家都已用法律的形式将这种专营权予以肯定,并成为一项普遍实行的制度。我国1987年开始实行的《中华人民共和国邮政法》(以下简称《邮政法》)也对邮政专营作出了明确的规定。因此,研究邮政专营问题,对加强我国通信领域的法制建设有着重要的现实意义。从各国的有关法律规定来看,邮政专营权利具有以下特征:①国家授权性。这种垄断经营权属于国家,但国家并不直接经营有关业务,而是通过对国营邮政机构的授权,由邮政机构代表国家行使这一权利。因此,尽管邮政机构有事业和企业两种组织形式存在,邮政机构在履行其法定职责时,较一般国营企业、事业组织具有更强的国家形象,在国际事务中体现为国家主权,在国内事务中则表现为统治阶级的利益。②排他性。邮政专营权的排他性也表现为独占性,即法定为专营的邮政业务只能由邮政机构享有经营权。③
First, the concept and characteristics of postal franchise Post franchise refers to the monopoly of the specific scope of the postal communications business rights. Many countries in the world have affirmed this franchise in the form of law and have become a generally practiced system. The “Postal Law of the People’s Republic of China” (hereinafter referred to as the “Postal Law”), which was put into operation in 1987 in our country, also made clear the provisions of the postal franchise. Therefore, studying the issue of postal franchise has important practical significance for strengthening the legal construction in China’s communications field. Judging from the relevant laws and regulations of various countries, the postal franchise rights have the following characteristics: ① State authorization. This monopoly right belongs to the state, but the state does not directly operate the relevant business. Instead, it exercises the right to represent the state by the postal service through authorization of the state-run postal authority. Therefore, even though postal institutions have both organizational forms of undertakings and enterprises, the postal institutions have a stronger national image than the state-owned enterprises and business organizations in performing their statutory duties. They are reflected in the international affairs as national sovereignty and in domestic affairs In the performance of the ruling class interests. ② exclusive. The exclusivity of the postal franchise also appears to be monopolistic, that is, the postal service that is legally designated as a franchise can only enjoy the right of operation by the postal service. ③