Study Of The System Of The Administrative Charge

Administrative Charge is a kind of specific administrative action taken by some special administrative institutes and organizations authorized by law and regulations so as to charge the beneficiaries, who are benefiting from certain public services or be granted the right to use state funds and resources, at the corresponding price. The system of the administrative charge including the following elements: the legislative right of the administrative charge, the establishment of the charging items, the inspection of the charging budget, the rule of the charging process and the relief of the rights of the administration object. The Administrative Licensing Law, which was brought into effect in July 1st 2004 in our country, regulated the principle part, category, scope and standard of the administrative permission of charge in the form of law (narrow sense). However, the power of other legal documents relevant to the administrative charge is still low, reflected mainly in the aspect that the regulations of the department and local government and the more specific charge are issued by the provincial government through establishing some informal document, for example the item and standard of charge. The not standardized legislative leads to the result that the local governments of different trades all compete for the establishment of the items and the standard of the charge out of their own interests. Therefore the regulations of administrative charge and informal document begin to flood, some of which are unreasonable and even contradict with each other, and this is the reason that cause the disorder of the administrative charge in our country, bring about much negative influence. Thus the study and the improvement of the system of the administrative charge have become an important question for discussion in the field of the administrative law making in our country. Firstly this thesis is dedicated to the summarization of the basic content of the present administrative charge and its system, trying to justify its presence, analyze its present situation and the relevant problems and discuss how to improve the system of administrative charge in our country.This thesis is divided into four parts:The first part begins with the concept of the system, elucidating the meaning, nature and aim of the administrative charge, summarizing the present standards and categorizing the administrative charge. As the administrative tax, both of them are legal, compulsory, restrictive, non-profitable and impeachable. Generally speaking, the establishment and the implement of the administrative charge are not based on the interest of the administrative department, but on that of the country and common profit of the society. Nowadays the classification of our country's charging system often adopts the way of dichotomy and they are the administrative charge and enterprise charge. On the above basis this paper introduces the contents of the system of administrative charge, which is its principle part, the right of establishing the charge, the procedure of charge and the right of relief etc.The second part is devoted to the argument and analysis of the rationality of the system's existence through different perspectives and theories. The economic theories include Quasi-Public Goods Distribution Efficiency Maximization theory,"Negative External Effect"Correcting theory, Beneficiaries'Burden theory and Definition of Property Rights of State-Owned Resources theory. According to the different consuming characteristic, Modern Public Economics divides the goods, which are provided by the society for citizens to consume, into private goods, public goods and quasi-public goods. The public goods do not compete with others and they are not exclusive, so it is not possible to adjust its consumption through the price mechanism. So to realize its consumption through the government's tax is the usual practice. In order to reconcile the conflict between the limited capacity and the unlimited scale of consumption, the consumption of quasi-public must have its own way of financing so as to secure its normal supply to the society. Generally the resources of revenues are classified into four kinds by economists, which are tax, state loan, inflation and government charge. Loan and inflation are not the frequent income for revenue, but the other two are important and closely related to the steady supply of public goods. Tax and charge belong to the different category, but share some common characteristics. Through the discussion of the relation between the two ways of charge it is possible to understand the existence of the administrative charge better. First of all the principle part of tax and charge are the governments and their authorized units. Second being a form of the governments'participation in the distribution of state revenues, tax and charge are both in terms of administrative power, having the compulsory property. The financing they raised is financial fund. Tax is procedural, which needs strict process of legislative except for some administrative charge. To the contrary charge takes free will as the prerequisite. Knowledge economy refers to the object of administration realizes the transition from material-centered to people-centered, based on the revolution of new techniques and driven by knowledge and innovation. Knowledge economy requires high quality talents with the ability of voluntary innovation, and this calls for the construction of a favorable social environment for those talents. Governments can only take the role of a"server"to provide comprehensive service for the development of knowledge economy through the way of leading and service. Thus leads to the new idea of administration—Serving Administration theory, whose core emphasizes the administrative charge's property of service so as to prove the rationality of the existence of the system.The third part focuses on the analysis of the present system of the administrative charge, introducing the situation of legislative and discussing the problems existing in the system and the negative influences brought by it. The problems mainly include the disorder of setting authority of administrative charge, making the regulations in the darkness, the imperfection of the present system and its operation, which are represented by the variety of the items of charge, alienation of scope, overweight of the proportion of charge and the inappropriate means for charging. In addition the supervising relief of administrative charge is not perfect. The use of the fees is lack of supervision. The expenditure is out of order, and the supervising system is powerless. The law and regulations relevant to the charge management are seriously lagging behind. The present irrational system of charge, the imperfection of the system, the various units of the government, repeated charges, and the abnormal phenomenon appeared in charging have disturbed the distributive order, aggravated the burden of enterprises and citizens, destroyed the government's reputation, aroused the dissatisfaction of the people and severely damaged the relationship between cadres and masses. The last part is devoted to the analysis of the specific reasons that caused the above phenomenon.The fourth part is the center of the thesis, aiming to make useful recommendations to perfect the system of administrative charge. It also expounds the legislative in administrative charge, the principles of charging, the right of establishment, the supervision and management of project budget, the rules of procedure for administrative charge and the relief system of administrative charge. In addition, the current hot issue on tax reform is also covered. The cause to the problem of unauthorized administrative charging is complex and is very difficult to control. At a deeper level, in order to solve the problem, we must continue to develop the economy and enhance our financial strength. From a macro point of view, the unauthorized administrative charging is a problem of system which needs to be solved by constantly improving China's economic management system, financial system and administrative structure through reform. China is thriving at present to carry out various reforms with a good momentum of development. The problem of system will be solved step by step with the reforming process being constantly deepened. Since the traditional administrative supervision is in a "pan-monitoring" state, not inside the administrative system and in the process of the administrative action, the desired effect is hardly to achieve. Therefore, standardizing national competence, limiting administrative power, realizing the balance of power, establishing an effective legal supervising mechanism is the key to the resolution of unauthorized administrative charging. Only when the administrative charge is institutionalized and legalized will "legal charging, legal managing" be realized.