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我国1996年制定的《行政处罚法》第一次规定了正式听证制度,这是我国行政程序立法的重大突破。但是,与国外听证制度相比较,我国正式听证制度,尤其是价格听证制度在立法上尚存在许多问题。当前,在完善价格听证制度方面迫切需要解决以下几个问题:一、价格听证程序的法律地位《中华人民共和国价格法》虽然已引入了价格听证制度,但仅作了原则性的规定。之后,原国家计委根据《价格法》制定和修订的《政府价格决策听证办法》,是我国确立价格听证制度的重要法律依据。但是,由于这个《听证办法》的法规性质属政府规章,法律约束力相对
The “Administrative Punishment Law” promulgated by China in 1996 sets forth the formal hearing system for the first time. This is a major breakthrough in our country’s administrative procedure legislation. However, compared with the foreign hearing system, the formal hearing system in our country, especially the price hearing system, still has many problems in the legislation. At present, there is an urgent need to solve the following problems in perfecting the price hearing system: I. Legal Status of the Price Hearing Process Although the Price Law of the People’s Republic of China has introduced a price hearing system, only the principle is provided. Later, the “Measures for Hearing the Decision of the Government Price” formulated and revised by the State Development Planning Commission under the Price Law was an important legal basis for establishing a price hearing system in our country. However, due to the fact that the legal nature of this “hearing method” is government regulation and legally binding