Thought Of Government Pricing Right On Economic Law

Because of the impact of the idea of traditional legal rights and double functions of my government, it is difficult to make a distinction of some rights between the adjustment range of Administrative Law and Economic Law only from the respects of subject, purpose etc. So is government pricing right. The long-term external tag of executive makes many people classified the government pricing right into the executive power just for the subject factor. People never inquiry its source, connotation and the way of exercise. As the basic function of price in market economy, the exercise of government pricing right play a role in controlling the price fluctuations of scarce commodities, correcting distribution of market resources and stabilizing national economy. It is necessary to get a full understanding of government pricing right, clear which attribute it belongs to, and then make a detailed analysis on the operators, procedures and duty, if we want to practice the function of government pricing right better. So that we know the legitimacy when the right is exercised and what is it value target. The perfection of theory is the prerequisite of guiding practice correctly. So this paper chooses the government pricing right as the object of study, make an detailed analysis on the generation, connotation and regulation of this right. The purpose is to format system cognition to guide the government pricing in reality.After the socialized production, the economic function of State is developing gradually when the political function subsiding. The economic function requires The State participates in the economic activity as the organizer and leader of the whole country. So the government can grasp the healthy stable development of the whole national economy. As the existing of scarce commodities and natural monopolies and the particularity of public utilities and community service, the government must regulate their price to avoid the negative consequences of the mess of market resources, the damage of environmental resources and the expanding between the rich and poor, finally which can lead to unsustainable development of national economy. When government price these commodities and services, it does not rely on its property rights or executive power, So pricing power is not the right of traditional Private Law or the power of traditional Pubic Law, but a specific empowerment of the right macro-control during the process of creating, implementing and sharing wealth with the cooperation between the government and players in the market.. The cooperation of pricing includes the longitudinal cooperation between the government and players in the market and the horizontal cooperation among government departments. The former concerns the right of price decision-making participants, the latter relates to the competence of central government and local government and government departments. During the process of price decision-making and performing, the necessary conditions which secure the pricing scientifically and reasonably are Hearing Procedure, price detection costs and price regulatory. It should set corresponding duty to the price actors so that the pricing right may not be abused or exercised incautiously.