The Optimize On Administrative Charge System In China

Administrative charge is the action that the state organs or the organizations which is licensed the administrative function by state charges on the administrative counterpart in accordance with law or administrative regulations in the process of conducting social, economic or technical administration and supervision. In its nature, the administration charging is the action that state forcefully levies property of citizens, units or other organizations. This kind of action should be restricted strictly by law. Otherwise, the government would unrestrictedly create charging items and charging standard and infringe on the property of citizens and legal persons.Since the reform and open policy, our country administrative charge has presented the growth the tendency, but corresponding administrative charge law system relative backwardness, causes the phenomenon of abusing administrative charge power seriously in the practice. The main displays in the administrative charge subjective is not clear, the repetition collects fees the phenomenon is seriously; there are many administrative charge projects, the sum of the administrative charge is huge, administrative charge income occupies the always financial revenue 1/3 in our country, but the most developed countries always non- tax income only occupies the financial revenue about 10%.Arbitrarily expands the charge power the scope, enhances the administrative charge standard, the administrative charge subjective adjusts the charge standard at will; The charge fund management is chaotic, the major part charge fund has not entered the fiscal budget, a half above charge fund has not entered outside the budget the fund management. Because the charge system is imperfect, various specific administration charge projects cause the common people to be unable to withstand the burden, the seething popular discontent. Not only aggravated society's burden, dispersed the central authorities to carry on the macroscopic economical regulation financial resource, moreover seriously affected the government and the public service personnel's in person popular sentiment image, also multiplied the corruption.Our country's administrative charge system exists many malpractices from the legal angle. The present administrative charge legal basis are extremely widespread, but mostly they are department standard, local regulations and some policies. But according to the law jurisdiction stipulation of "Legislation Law", the administrative charge belongs to the legal relative retention item. But our country has not yet formulated the related administrative charge law and administrative rules at present. Therefore, we must eradicate randomly collects fees the phenomenon, and formulate "Administrative Charge Law" as soon as possible, makes up blank in the administrative charge system legislates, unification standard of administration charge behavior...