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On The Price Of The Hearing The Judicial Settlement Of Disputes

Posted on:2011-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhengFull Text:PDF
GTID:2166360305481313Subject:Law
Abstract/Summary:PDF Full Text Request
The price hearing system is to ensure that pricing decisions democracy, scientific, reasonable and important system. China's price hearing system in recent years in the legislative and practical level have made some progress. However, subject to our institutions, traditions and the status of legislation is still not perfect, the price hearing system for the implementation of the results were not cause for optimism. Price of the judicial settlement of the dispute hearing problem is a typical performance. Can be said that the price hearing system is implemented in 10 years, consumers or stakeholders of the rights have been infringed signs are everywhere, but through legal channels to safeguard their rights or to resolve the price dispute hearing the case are rare. Why is this? For this reason, this paper Zhaozheng Jun hearing due to heating illegal v. Zhengzhou Municipal Price Bureau's case raises issues, and hearings on the price dispute by recourse to judicial settlement of rational analysis, the situation analysis, and a hearing on price analysis of the dispute filed public interest litigation, to for the price of the hearing the judicial settlement of the dispute to provide advice and countermeasures.This paper is divided into four parts.The first part is the case and of the problem. This section for heating the hearing by Zhao Zhengjun illegal v. Zhengzhou Municipal Price Bureau's case raises the question of this article, namely, the hearing due to price disputes arising whether through legal channels to solve them? Why is the real price of access to justice to resolve the dispute cases of hearing so little?The second part is hearing the dispute on the price to resort to judicial settlement rational analysis. This section includes the proceedings of the nature of the hearings on the price analysis, analysis, and empirical analysis of legal norms. Nature of the analysis is the price characterization of the hearing proceedings; legal norms analysis is the "Administrative Procedure Law," "Price Law" and "hearing on the Government to formulate pricing approach" on price hearings analysis of the legal provisions, the purpose is to find legal grounds for the judicial settlement of; empirical analysis is the current does not the public through legal channels to resolve the price dispute hearing cause analysis. The third part is the price on recourse to judicial settlement hearing on the controversial case analysis. Under the current law, respectively, this section analyzes the possibility of recourse to judicial settlement of the price of hearing the case and difficult to dispute the price of access to justice to resolve the dispute hearing the case.The fourth part is hearing the dispute on the price of legitimate public interest litigation filed and system construction analysis. First of all, this section from a theoretical and practical aspects of analysis of the need for a hearing on the price dispute the reasonableness of filed public interest litigation; second, mainly from the plaintiff of the main selection, Mainly from the plaintiff main body choice, might mention public welfare lawsuit aspects and so on price hearing illegal activity to analyze to the price hearing disputed that filed the public welfare charge the system construction question.
Keywords/Search Tags:Price Hearing, Controversy, Judicial settlement, Public interest litigation
PDF Full Text Request
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