The Price Hearing System In China

Price hearing system is a hearing applied to the formation of a system ofgovernment pricing process. The first time since the1997Price Law of the People’sRepublic of China clearly stipulates the contents of the price of the hearing,established in the true sense of the price of the hearing in the price decision-makingsystem in China, resulting in our price hearing practice the most important lessonslearned and rules and norms. With the development of the market economic systemand policy changes, China has formed a relatively complete system of price hearingsystem. However, still many deficiencies in the legal norms and the actualoperation. In this paper, the basis of comparison on the basis of China’s basic nationalconditions, combined with the specification and the concrete practice of China andFrance, analysis of price hearing system build and price hearing system in the UnitedStates, Germany and other major countries.Besides the introduction, is divided intofive parts, about30,000words, the main content is as follows:First, the basic structure of the administrative hearing system. This section firstdiscusses the basic concepts of the hearing, that hearing is the executive authorities toinvolve citizens, legal persons, the vital interests of other organizations on mattersbefore making a decision, listen to their views of the legal system; then be classifiedaccording to different criteria for the classification of the hearing; again explained thelegal basis of the administrative hearing system, the legal basis of the administrativehearing system can be traced back to British common law principle of natural justice,then deepen the principles of due process of law in the United States, Germany,represented by some civil law countries the rule of law and legal administrativeimproving the theory also provides a legal basis for building the legal basis of thehearing system.Second, the price hearing system background and legal implications. Thissection first discusses the meaning of the price of the hearing, to determine the priceof hearing the meaning of the provisions of the Price Law of the People’s Republic ofChina ". Secondly, clearly the price of a hearing to establish the background of pricehearing system to establish a historical inevitability and objective conditions: the rapiddevelopment of market-based economic challenges; the needs of the publicdecision-making; the needs of the public administration. Concluded the profound significance of the price hearing system: the protection of democratic participation inpricing decisions; to ensure that the price decision-making more scientific anddemocratic; balance the interests of society to achieve social consensus.Third, the basic principles of price hearing system. The basic principles ofprice hearing system is a universal guiding significance, or hearing the work mustgenerally follow the basic norms of the hearing practice. Integrated currentregulations and academic point of view, the basic principles of price hearing systemshould include the following: the principle of legality, impartiality, openness principle,the principle of efficiency. And these principles specifically addressed.Fourth, look at the price of the hearing system defects. China’s late start inthe hearing system, theoretical research and practical efforts of the hearing system isnot enough, the price hearing system exposed a variety of problems and defects inreality, hearing that the price has almost become synonymous with "formalism". Thissection of the current price hearing system for the study, to investigate the defects anddrawbacks. First discusses the status of legislation, practice operating and maincontent, and then from the chairperson of the hearing, the hearing participants, hearingtranscripts, information asymmetry, and relief mechanism for deletion analysis ofprice hearing system.The perfect idea of price hearing system in China. As a new thing, the pricehearing system at present there are various problems, but we can not deny itsdemocratic and scientific. Some of the major improvement from the five sectionsexplore the price hearing system: improving and perfecting the chairperson of thehearing system; improve the hearing system of selection of participants; the force oflaw to establish the transcripts of the hearing; eliminate the asymmetry of priceinformation; price hearing relief mechanism.