Research On Public Utility Price Hearing Procedure

With the deepening of price reform, price hearing procedure has become an essential procedure for the government to decide the price adjustment process.Hearing is a direct and effective form of citizen participation in administrative decision-making, and it is the embodiment of direct democracy.In the modern administrative procedure law, the administrative hearing is the core of the administrative procedure, and it is the deepening of the public participation theory.The price hearing of our country starts late, and the law is not perfect for the hearing, which leads to many problems in the implementation of the price hearing.In this paper, the research on the case and a large number of domestic and international price hearing procedure, understand the research results on this issue at home and abroad, analysis current situation of the development of price hearing procedure of public utilities of our country, summarizes the root causes of the problem:The selection mechanism of the hearing participants, the deficiency in the system of the presiders; For the cost of utilities whose opaque, not ideal; Hearing the launch of the single, the meeting time is not reasonable;Hearing participants information, the hearing is not timely disclosed material information and the cost of going public is not comprehensive enough; the legal effect of the hearing transcript is not clear, not civil rights remedy.In view of the problems existing in the actual hearing, and on the basis of drawing lessons from foreign relevant experience, a series of countermeasures are put forward,It mainly includes: improve the process of the selection of subject of hearing, the hearing in the selection more reasonable and scientific, is more comprehensive and representative, the chairperson of the hearing is more neutral and ensure the legitimacy of the hearing procedure; Perfect public utilities cost supervision and examination,make an accurate grasp of the government utility cost information;Citizens must be given the right to start the hearing, appropriate to extend the time limit for the meeting; Strengthen the price hearing in public information efforts, to participate in the hearing information more transparent, strictly examine the cost information the authenticity of public institutions, to strengthen the construction of electronic government affairs, expand citizens’ access to project information in hearing;The price decision must be based on the legal effect of the hearing record, and the situation of the explanation of the reason is established;Clear government price decision-making behavior can be sued, and integrate it into the administrative public interest litigation, give prosecutors the plaintiff qualification of administrative public welfare lawsuit,filed the efforts to strengthen the administrative accountability,ensure the citizen’s legitimate rights and interests of relief.