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责任制度与救济机制是行政程序法律制度的保障,然而当前我国关于价格听证制度的研究多数是探讨完善听证程序本身,而少有关注责任制度与救济机制的文章。目前我国价格听证法律责任的规定很不完善,救济机制则由于行政决策的性质而局限于行政救济。解决问题的基本思路是以民事责任补充甚至替代行政责任来解决价格听证程序的责任虚化问题;并将包括价格决策在内的行政决策等抽象行政行为纳入行政诉讼受案范围,令其接受司法审查。
The system of responsibility and the relief mechanism are the guarantee of the legal system of administrative procedure. However, most of the researches on the system of hearing of price in our country are mostly about the improvement of the hearing procedure itself, but few articles on the system of responsibility and relief. At present, the provisions on the legal liability of price hearings in China are not perfect, and the relief mechanism is limited to administrative remedies due to the nature of administrative decisions. The basic idea of solving the problem is that the civil liability to supplement or even replace the administrative responsibility to resolve the responsibility of the price hearing process of the issue of virtualization; and including the price decision-making, administrative decision-making and other abstract administrative actions included in the scope of administrative litigation to accept justice Review.