论我国价格听证公众参与机制的完善
发布时间：2018-10-30 18:34
【摘要】：价格听证的实施已经15年有余,目前已成为颇受关注的一种公众参与形式。通过价格听证,消费者、经营者等利益相关方获得了价格决策中一定的话语权,从而促进了中国价格听证决策的科学化和民主化。然而在一直以来的实践中价格听证面临的问题愈发增多,许多不足之处都没有得到有效的解决,一定程度上影响了公众参与的积极性,价格听证制度走向两难的境地。 价格听证面临的一个突出问题是如何形成有效的公众参与机制,使公众能够在价格听证过程中掌控自身的权利,以及合理有效的的参与到价格听证程序之中,最终达到互动式的公平公正。我国《价格法》的规定过于原则化,《政府制定价格听证办法》和各地制定的“实施细则”虽然相对来说有所细化,但是还不足以给价格听证的组织者提供全面、系统、详细的操作指导。这种缺失导致在价格听证的许多细节问题上,各个地方政府实践不得不做很多重复性的初级探索工作,很大程度上限制了公众参与机制的形成与发展。其次,受制于我国的体制和传统,在缺乏上位法依据或者上级机关没有许可的情形下,价格听证始终在一个较低的水平上徘徊,难以形成一种合理有效的公众参与机制。与此同时,价格听证参与者——作为听证参加人的消费者,其自身能力的的欠缺使得其参与意识、参与观念、参与技巧都处于较低层次,难以形成有效合理的参与经验和习惯。这种状况使得消费者在价格听证中一直处于难以获得实际话语权的状态,对价格听证公众参与机制的发展造成了障碍。 本文通过对我国价格听证公众参与机制在实践中存在的问题进行研究,从听证制度和实践操作的规定入手,分析我国价格听证公众参与机制的涵义,结合我国现行价格听证立法和行政现状,从理论和实践方面对公众参与机制的有效性、科学性和合理性进行分析,重点从价格听证参与主体、操作规范、公众参与权的监督和保障方面对现行价格听证公众参与机制影响的问题进行了阐述。在此基础上,就完善我国价格听证法律制度,切实解决当前价格听证公众参与机制存在的问题,完善民主协商参与决策的进程和公共事务价格听证制度等方面提出建议。
[Abstract]:Price hearing has been implemented for more than 15 years and has become a public participation form. Through the price hearing, the stakeholders, such as consumers and operators, have gained a certain right to speak in the price decision, thus promoting the scientific and democratic decision-making of the price hearing in China. However, the price hearing has been facing more and more problems in practice, many deficiencies have not been effectively resolved, to a certain extent affected the enthusiasm of public participation, the price hearing system into a dilemma. A prominent problem in price hearing is how to form an effective mechanism of public participation so that the public can control their own rights in the process of price hearing and participate in the price hearing procedure reasonably and effectively. The ultimate goal is to achieve interactive fairness and justice. The provisions of our country's "Price Law" are too principled. Although the "measures for Price hearing by the Government" and the "implementing rules" formulated by various localities are relatively detailed, they are not enough to provide a comprehensive and systematic system for the organizers of the price hearings. Detailed operation instruction. This lack of price hearing leads to many details of the practice of local governments have to do a lot of repetitive primary exploration to a large extent limited the formation and development of the mechanism of public participation. Secondly, subject to the system and tradition of our country, the price hearing is always hovering at a lower level in the absence of the upper legal basis or the permission of the higher authorities, so it is difficult to form a reasonable and effective mechanism of public participation. At the same time, the lack of ability of price hearing participants, as consumers of hearing participants, makes their participation consciousness, participation concept and participation skills at a lower level, and it is difficult to form effective and reasonable participation experience and habits. This situation makes consumers in the price hearing has been in the state of difficult to obtain the actual right to speak, which has caused obstacles to the development of public participation mechanism of price hearing. By studying the problems existing in the practice of the public participation mechanism of price hearing in China, this paper analyzes the meaning of the public participation mechanism of price hearing in China, starting with the hearing system and the provisions of practical operation. Combined with the current legislation and administrative situation of price hearing in China, this paper analyzes the effectiveness, scientific nature and rationality of the mechanism of public participation in theory and practice, with emphasis on the participation subject of price hearing, the operation standard, In the aspect of supervision and guarantee of public participation right, the influence of public participation mechanism of current price hearing is expounded. On this basis, the author puts forward some suggestions on perfecting the legal system of price hearing in China, solving the problems existing in the mechanism of public participation in price hearing at present, and perfecting the process of democratic consultation and participation in decision-making and the price hearing system of public affairs.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.294;D922.1
本文编号：2300828
[Abstract]:Price hearing has been implemented for more than 15 years and has become a public participation form. Through the price hearing, the stakeholders, such as consumers and operators, have gained a certain right to speak in the price decision, thus promoting the scientific and democratic decision-making of the price hearing in China. However, the price hearing has been facing more and more problems in practice, many deficiencies have not been effectively resolved, to a certain extent affected the enthusiasm of public participation, the price hearing system into a dilemma. A prominent problem in price hearing is how to form an effective mechanism of public participation so that the public can control their own rights in the process of price hearing and participate in the price hearing procedure reasonably and effectively. The ultimate goal is to achieve interactive fairness and justice. The provisions of our country's "Price Law" are too principled. Although the "measures for Price hearing by the Government" and the "implementing rules" formulated by various localities are relatively detailed, they are not enough to provide a comprehensive and systematic system for the organizers of the price hearings. Detailed operation instruction. This lack of price hearing leads to many details of the practice of local governments have to do a lot of repetitive primary exploration to a large extent limited the formation and development of the mechanism of public participation. Secondly, subject to the system and tradition of our country, the price hearing is always hovering at a lower level in the absence of the upper legal basis or the permission of the higher authorities, so it is difficult to form a reasonable and effective mechanism of public participation. At the same time, the lack of ability of price hearing participants, as consumers of hearing participants, makes their participation consciousness, participation concept and participation skills at a lower level, and it is difficult to form effective and reasonable participation experience and habits. This situation makes consumers in the price hearing has been in the state of difficult to obtain the actual right to speak, which has caused obstacles to the development of public participation mechanism of price hearing. By studying the problems existing in the practice of the public participation mechanism of price hearing in China, this paper analyzes the meaning of the public participation mechanism of price hearing in China, starting with the hearing system and the provisions of practical operation. Combined with the current legislation and administrative situation of price hearing in China, this paper analyzes the effectiveness, scientific nature and rationality of the mechanism of public participation in theory and practice, with emphasis on the participation subject of price hearing, the operation standard, In the aspect of supervision and guarantee of public participation right, the influence of public participation mechanism of current price hearing is expounded. On this basis, the author puts forward some suggestions on perfecting the legal system of price hearing in China, solving the problems existing in the mechanism of public participation in price hearing at present, and perfecting the process of democratic consultation and participation in decision-making and the price hearing system of public affairs.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.294;D922.1
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