Research On My Country's Price Hearing System From The Perspective Of Judicial Precedents

Price public hearing system has received wide attention in recent years.Especially in 2018,new amendments were made to the "Government Price-setting Hearing Measures".It is one of the core contents of the Administrative Procedure Law,and it is also a concrete embodiment of giving consideration to fairness,safeguarding rights and democratic participation.The perfection and development of price hearing system ensures consumers’ right to know and enhances their enthusiasm for participation.It is a powerful guarantee for the fairness of government price decision-making and is of great significance for the rationalization of social benefit distribution.But it cannot be ignored that our price hearing system is not perfect,especially in judicial practice,there are many problems.The full text is divided into four parts.The first part gives a brief overview of the legislative development of the hearing system in China.From the beginning of the Price Law of the People’s Republic of China to the subsequent Measures for the Government to Establish Price Hearings,until 2018,the Hearing Measures have been improved and analyzed.In addition,this paper analyses the theoretical sources of price hearing system,and makes a brief analysis of the inseparable relationship between the right to know and price hearing.The second part makes a detailed analysis of 56 judicial cases retrieved from Alpha legal database from a multi-dimensional perspective.By summarizing and sorting out the specific data,the paper analyses the current situation of the price hearing system in China.The number of cases is relatively small and regional differences coexist,the main types of cases involved are relatively immobilized,the object of price hearing is mostly related to people’s livelihood and the plaintiff’s claim is relatively single,the reasons for crossexamination of evidence are diverse,but the second instance is difficult to turn over,the plaintiff’s winning rate is low and the court’s decision basis is single,etc.The third part,we found that China’s price hearing system in judicial practice problems.The presiding officer of the hearing is determined by the competent price department,whose position is not neutral,the scope of the hearing is too narrow,the propaganda channels for the people’s life cannot be better guaranteed,the parties concerned are not well informed of the hearing procedure,and the notification is not in place,which makes the parties unclear about their hearing rights,the legitimate hearing scheme can not be implemented,and the laws and regulations are not comprehensive,resulting in the lack of legitimacy of the price hearing procedure,etc.The fourth part is mainly about the improvement of price hearing system in China.This paper focuses on the analysis of the amendments made in the newly revised "Government Price-setting Hearing Measures" in 2018 and its progress.On the basis of these amendments,it also puts forward the development direction of China’s price hearing system in the future.