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The Study Of Administration Collection

Posted on:2005-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2156360122999835Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The first part is about the definition of the administration collection. There is no unified definition about administration collection in the academic circle. Generally speaking, there are two main arguments which distinct each other on the relationship between administrations commander administration collection. Through the comparative study of the differences and similarities between the administration commander administration collection, the author argues that administration collection is referring to the subjective party, basing on the need of nation and public interests, under the regulation of law and code, acquire and assets of the objective party without consideration, which includes primarily the administration collects tax and charges with administration the author argues we should put administration commander administration collection side by side as concrete administration action. Actually, the diverse arguments all originate from the complexity between so called administration commander, the administration collection, etc. Only by way of argument mentioned above, can we get the correct definition.The second part focuses on the principle and theory of administration collection. The administration collection involves the administration collects tax and the administration charges. Along the history, we can find many arguments about that question, such as the theory of public need, the theory of exchange, and so on, but when we scrutinize those definitions, we can find there is an inherent thread in those arguments. This is to say that no matter what is the appearance of those arguments, all of them pay much attention to the equity of the collection, which gives reason to the practice and logic foundation of that definition. The legitimate reason of administration charge lies in the following two parts, the first is the special charge fees for the using of public resources, the second lies in the compensation of the special expending of administrative using. The legal sense is the master and refection of essence of law. In administration collection, the following principle can be seen as the basement for its theory arguments. 1,the principle of rule by law. The belief of law is the foundation of the rule by law. As to the question of administration charge, the author holds that when we want to intensify the concerning part, we should put emphasis on the rationality of that kind of charge, which inverse will strengthen our arguments. The important direction of the principle of rule by law is as to the regulation of the public organization. And the principle of rule by law should set up that kind of legal sense, i.e., no representation, no charge; no law, no charge; no compensation, no charge. 2,the principle of equality. The social member should be treated as the equal rights and duties as equal citizen. The more income, the more tax. And only those pay the tax can benefit from it. 3,the principle of human right.The principle of human right in the area of the administration collection holds the property rights as a very important notion in the relationship between government and citizen, between the nation and the society, which makes the government, reexamine the ongoing tax law and charge system. The principle that administration collection makes us grasp the essence and rule of it on the whole, which will equip us with some norm and direction, make us understand the principle of administration collection from some fixed foundation. Studying from the angle of the modern administrative law, we should embody the administration collection to the public power, and bring them into the constitutional government scope together, enhance the rule by law. Judging from this, it should include the following parts. 1,the principle of a legally prescribed regulation for administration collection The request of the principle of a legally prescribed regulation for administration collection is bilateral:On the other hand, request collection must be colle...
Keywords/Search Tags:Administration
PDF Full Text Request
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