Theory Of The Government Pricing System Of Our Country

Generally speaking, pricing problem is the study of government economics. However the government pricing is special, it is the government’s behavior at the microeconomic field, which has general characteristics of administrative act, subject to administrative law and regulations. Therefore, the administrative law gradually pays attention to government pricing. With the "Price Law" and "The Regulation Of Hearing On the Government To Fix Price","The Regulation Of Cost On The Government To Fix Price", with the relevant laws and regulations are issued, our government pricing rule of law is gradually onto the track, but on the legislative level and the judicial level still exist some problems to be solved, urgently need to be provide theoretical guidance by administrative law scholars.As to legislation, the main question is:generally low level of price regulations and some laws, and regulations of the contents of the delay, the scope of government pricing and government pricing procedures are not clearly and imperfect. These problems are the main reasons that lead to pricing behavior of ultra vires exist in real life. At the judicial level, recent years, with the enhanced awareness of civil rights, more and more the administrative cases of government pricing, although mostly concentrated in public utilities (especially railways), but enough to cause us reflect to our government on the pricing system. Due to a lack of expressly prescribed by law, the court for whether the government pricing behavior can into the range of administrative litigation haven’t reached a consensus at present, so when people in the face of illegal acts of government pricing, lack the effective judicial protection. Above problems urgently need administrative law scholars to study and provide theoretical guidance.In this paper, as follows:The first part, as the theoretical basis of the entire article mainly introduce basic overview of the government pricing, first analyzed the reason for the existence of government pricing. Second, respectively, from the main body, procedure, scope, behavior, four binding aspects to combed and defined the connotation of the Government pricing; clarified the nature of government pricing, specific research government pricing behavior is the abstract administrative action or the specific administrative action; proposed government pricing must follow the basic principle that statutory pricing principles, the principle of reasonable pricing, the pricing principle of openness, the principle of pricing oversight. Finally, focus on explore government pricing, explained the subject of pricing and setting purpose, the division of central and local government on pricing power, the legal control of government pricing.The second part, as a core component of the whole text, from the legislative level and judicial level explore the status and the insufficiency of our government pricing system. The legislation, introduced the overview of the pricing system, in certain legislative achievements, meanwhile pointed out the shortcomings. The judiciary, from the practice of administrative proceeding of government pricing to analyzes the status and insufficiency of our government pricing. When the government pricing behavior against the legitimate rights and interests of citizens, the judicial process in safeguarding the legitimate rights and interests of citizens play a limited role, the fundamental reason is the current review of the administrative proceedings did not include the abstract administrative act, which makes most of the government pricing behavior from the orbit of judicial supervision.The third part, for the lack of legislation and judicial system, puts forward suggestions of perfecting government pricing. Introduced the foreign government pricing system and for our reference. Being in China’s national conditions, based on foreign experience, put forward a sound pricing system proposed legislative proposals and judicial.