Studies On The Price Hearing System Of China

The administrative hearing system is the core of the administrative procedure system. Especially the price hearing system which is very close to the people's life has been the focus of academe and lawmaking. Specifying and improving the price hearing system is very important to ensure the right to know and right to participate administrative relative person, to enhance the transparency of the price policy and to make sure the price policy is justified, reasonable and democratic. China has carried out the Price Law of People's Republic of China on May 1st, 1998. It set up the price hearing system and started the price consulting. These years the price hearing system are developing greatly both on the aspect of lawmaking and executing. But it is still not so perfect because its running time is very short. This article gives some ideas of improving this system which is based on the analysis to the problems existed in the theory and executing of the system. And it also learns some experience from the USA. It includes three parts.The first part introduces the general situation of the price hearing system. After analyzing the background of carrying out this law and the goal of the law which is justified, open, objective and efficient, It points out that the process justness, right to know and right to participate of administrative relative person, the legal rights and interests of consumers are what the price hearing system for.The second part analyzes the situation of《The Price Law of the People's Republic of China》,《Measures for Hearing on Government Price Decisions》, and《Detailed Rules for price hearing》by some local governments. It discovers the existed problems of the hearing manager system, the record of hearing, representatives of hearings and relief mechanism.The third part gives some ideas from myself, including strengthening security system of the hearing manager, specifying the hearing manager selecting conditions, clarifying the authority and responsibility of the hearing manager, guaranteeing the force affect of the the record of hearing and the public may review the records, making it more scientific to select the represents and make up the represents, setting up the feedback system. At last it gives some assumptions of rescue system based on the analysis of practical cases.