On Deficiency And Improvement Of Price Legal System In China

The price legal system means that the laws and the related systems regulate the price behavior. It’s core is "Price Law of the People’s Republic of China", including other laws, the administrative regulations on price, local price regulations and so on. The price legal system have played an active role in regulating the price behavior, adjusting the economic relations and maintaining the healthy development of national economy. However, there are many shortcomings when it faces the new problems emerging in the market reforms. The non-standard competition on market price will fill with the whole market, the government regulating the price will lack of legal guidance, the market mechanisms including the price mechanisms will not run normally and the authority and effectiveness of government’s regulation about the price will slip if the price legal system is not good. It will ultimately impede the optimal allocation of social resources. For example, the relationship between supply and demand is the most important factor to the real estate market. The real estate industry should follow the laws of the market because the real estate is a commodity. It is no doubt to paly the basical role of the market on the resources allocation. However, it can’t be simply seen as an economic issue because it is also a social and livelihood issue. It is a special commodity that has social product attributes. More and more people will lose hope in real estate if we allow the market to regulate the price. On the one hand, the rigid demand of the real estate will not be reduced when the urbanization continus. On the other hand, the developers always want to pursue the maximization of profits. So they will make the price on real estate higher. At this time, it need the government to regulate the real estate price so as to make the price reasonable. The government has played some part in regulating the real estate price. But the effect is not obvious. The real estate price can rebound during the process. These are closely related to the price legal system. The price competition will disorder and the government’s regulation on the price will fall into bad situation if the price legal system is not good. In China, the price mechanisms and the government’s macro-control are important to the development of the market economy and the basical stability of the general price level. The good price legal system is very important to the normal operation of the market mechanisms, the government’s regulation on the price and the healthy development of the socialist market economy. The thesis will discuss the price legal system from the following five aspects.The first part is introductory remarks, mainly introduces the price legal system’s status quo, research ideas and research methods. It provides some ideas and methods to discuss the price legal system in China through comparing the price legal system at home and abroad. It provides a favorable reference to improve the price legal system in China.The second part mainly introduces the general theory of the price legal system. The thesis introduces the basical content of the price legal system, government’s regulation on price and market regulation. It indicates that the price legal system should have the content about the government’s regulation on price. We should clearly realize why, when and how the government should regulate the price and the range of the government’s regulation on price. This part analyzed the actual situation of the real estate market. There is much important and practical significance.The third part introduces the defects of the price legal system in China. For example, there are loopholes in the price regulation law, deficiency of price hearing system, weak points of price monitoring system, and incomplete legal responsibility about the illegal price behavior. With the development of market economy, more and more people require price hearing on the price of public utilities, public service, the commodity monopolied naturally and so on. This part has a emphasis analysis on price hearing system. This paper finds out those deficiencies on price hearing system:unreasonable mechanism of hearing representative nomination, low transparency of price hearing system and not neutral position of the price hearing moderator.The fourth part is the foreign price legal system. We can learn some achievements and experience through analyzing the price legal system of the foreign countries such as USA, France, Japan, Singapore. Compared with China, these typical market economic countries have good price legal system. They are good at using the law to regulate the price behavior. Not only there are good laws to follow, but aslo to enforce.The fifth part is the improvement of the price legal system in China. It is the emphasis of the article. On the basis of the above analysis, the paper provides four pieces of suggestions to improve the price legal system in China as follows:improving the price regulation law, improving the price hearing system, improving the price monitoring system and improving the legal responsibility of the illegal price behavior. There are some suggestions to improve price hearing system as follows:optimizing the mechanism of hearing representative nomination, enhancing the transparency of price hearing system and restructuring the price hearing moderator. These are not only conducive to make the market mechanism play better part in regulating price, but aslo conducive to make the government do a good job in price macro-control. So the general price level can maintain the basical stability and the socialist market economy can have a further development.