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A Study Of The Right To Establish Administrative Charges

Posted on:2017-06-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:H P ShenFull Text:PDF
GTID:1366330590491046Subject:Constitution and Administrative Law
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As a legislative power,the right to establish administrative charges is exercised by specific state organs according to the statutory authority and procedures.The administrative charge to be established refers to an act of administrative organs,and of organizations implementing administrative tasks,that charges particular persons non-profit fees when such organs and organizations carry out administration,or provide specific public service or limited public resources.As a monetary payment obligation,the administrative charge is mandatory and is of direct reciprocity.Administrative charges can be divided into three categories: regulatory charges,public service charges and resource charges.The legitimacy for administrative charges originates from the principle of fairness.Administrative charges have a positive function of maintaining social justice,but also a negative function of increasing social costs.The Chinese current laws do not specify the establishment bodies of administrative charges,but certain administrative regulations and a great number of normative documents of the Central authorities do.Statistics suggests that,among 318 administrative charges,only a small number of them are established by the laws and regulations,while a great majority by the administrative normative documents enacted by the Ministry of Finance and the National Development and Reform Commission jointly,and a limited number of them by local authorities.The number of the establishment bodies of administrative charges is smaller than that of current legislative bodies.It is also found that,the status of enactments that established enterprise-related administrative charges is generally higher,the enactments that established the resource charges are rules,regulations and laws,and that the status of enactments that establishedpublic service charges is lower.The allotment of the right to establish administrative charges should,in theory,observe the principle of legal reservation,but China's current law does not require such reservation.It is not the right time to authorize administrative organs to establish administrative charges themselves now.The establishment bodies of administrative charges should be limited to the National People's Congress and its Standing Committee,the State Council,the Ministry of Finance and the National Development and Reform Commission,the provincial people's congresses and their standing committees,and the people's congresses and their standing committees of districted cities and of autonomous prefectures.The administrative charges should be established according to the general principles such as the legal principle,as well as special principles such as the principle of direct reciprocity,the principle of economic benefit,and the principle of international practice and international reciprocity.In the specific establishment,the general standard of direct reciprocity should be observed,but it is inappropriate to establish charges once the charges hinders the original administration or service or constitute discrimination,or the cost of administration or service is of trifling value.In order to improve the rule-of-law degree for the allotment of the right to establish administrative charges and protect the property rights of citizens and legal persons,it is necessary to allot the right to establish administrative charges by a law.However,it is not the right time to enact an administrative charges law now.One of the possible options is to add a clause in the Budget Law or the Price Law to allot the right to establish administrative charges.To end up arbitrary charges,what's more important is to improve the overall rule-of-law level of China,and create a social environment where laws are generally obeyed.
Keywords/Search Tags:administrative charge, establishment body, establishment authority, establishment principle, establishment standard
PDF Full Text Request
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