| Although our country is in market economy time now, the price of a great deal of commonweal productions are under government's control. To make the government's public policy more scientific and exoteric, price law of china prescribe that government must hold a public hearing conference to hear the people's idea when they want to make the price of some important production to improve the quality of the government's decision-making.The essence of the public hearing system is that government must respect and protect the people's right and legal advantage. As we all know, whether in western or eastern political theories, they all admit such a fact that the dominion belong to the people, nobody can deprive it away. It was prescribed by our constitution that the people have the right to manage the affairs.The most important part of the Majority rule is that the people ought to attend the public decision-making effectively. If government's public policy fail, it can do serious harm to the people's advantage, so it is the people's right to supervise government. Although the people authorize government to manage public affairs, but it does not mean that the dominion have been given to government, on the contrary, the people have the right to attach themselves to the government's public decision-making at first hand. Of course, the decision which is made by the people is not always right, so it is the only way that we should found a kind of system just like public hearing system to make a rational decision. The public hearing system have a long history, it has three kinds of juristic origin: the first is the nature justice principle from the Britain-America law system; the second is the due process of law principle from united states of America. According it, they created the public hearing system of America in procedural law of the federation that was made in 1946; the last is the principle of managing state affairs depending on law from the mainland countries of Europe. The public hearing system is the embodiment of the procedural justice spirit. Procedural justice is different from positive justice. It is foreign to whether the final result is right or not, but it is specific, and we can call it "observable justice". Public hearing system which accord with the procedural justice just like that: the procedure is narrow; the whole procedure is exoteric; the hearing examiners are adiaphorous and attendees can show their idea freely.According to economic theories, we know the officials are all rational people, and what they want is to get more advantage. How to keep government's decision-making equitable ? The only way is to build a kind of narrow procedure.A kind of consummative price management public hearing system is very important for our country's development. It's main meaning is: it can help government to protect the people' s advantage well and ameliorate the relationship between government and the people, then the people can understand the public policy well than before; from now on, it can make our administrative procedure more lawful; we can prevent the enterprises from holding the markets.In 2002, the price bureau of china held a public hearing conference about making the price of trains. It is the first countrywide public hearing conference in history. Public adverted it greatly. But after comparing with the world famous "Kennedy public hearing conference", we can see, there is a large disparity between our and developed country's public hearing system.First, consumers are not equality with the enterprises in the public hearing conference. In fact, the government is not adiaphorous in the conference, they are supporter of the enterprise's applications. The commissaries of consumers have not enough knowledge concerned, so they can not protect the consumers's advantage effectively. The second, it is necessary to ameliorate the procedure of the public hearing system. Now, we have not give the consumers enough time to read the requisition and the data concerned, and the c... |
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