A Research On Charge System Of Administration

Administrative charge is of profound theoretical and practical significance, and it is closed related to the daily life of people as it has a deep background of society, economic, politic culture and legal. Therefore, researches on Charge System of Administration have been a hot topic in the area of legal. Expositions have been written on the subject of administrative charge with various designs in the legal and public finance area, especially on Charge System of Administration. With the development of our society and transition of the economic system, a certain shortages of administrative charge have been exposed due to its concepts and projects which were made lawful by overall legislative. Such defects which have increased arbitrary charges instead of reducing it, seriously affect the normal society order. So it becomes a first imperative to re-consider the administrative charge and to regulate fees and charges for regulating market behavior and building harmonious society.This thesis is divided into 4 parts for studies on charge system of administration.Part-1, introduce the summary of Administrative Charge Administrative charge was studied as a concrete action under the political legal frame. From what we have achieved, we can conclude that the concept we give to administrative charge is not comprehensive, clear and accurate enough. According to the author, administrative charge is essentially an action done by the main body of administrative, using the administrative way to charge specific group of people. When it was excluded from administrative charge, using administrative rules for instead to regulate it, and it may appear a little bit scattered and messy. It is not good for regulation charging and legal property rights protection. When it is coincident with objective elements of administrative action, it should be adopted as a part of administrative charge as well as resource fees.The author thinks administrative charge should be definite like this: it is an external concrete administrative practice by administrative organs and other organizations legalized by law, aiming at certain purposes, following legal limits, standards and process and charging certain bills from certain people. This concludes four sides: For one, it is a unilateral external concrete administrative practice not an abstract one. What is so called concrete administrative practice means that if the specific person were violated by it, he would seek to law. And by saying unilateral action to emphasis that it is not a both sides matter. In this sense, it requires no need of the specific people's negotiation and agreement but an external administrative practice. It is only an external law made by administrative organs to administrative officials. For second, it must be adopted where it has serious legal foundation, i.e. legalize the right of implementing the main qualification, the charging limits and actions. The legal here just means laws, administrative regulations and local rules and regulations, otherwise it will be illegal. For third, it should be done for certain purpose including effectively supplying public goods, external effect correction, special expenses'compensation, nature and social and public resources protection or efficiency raising. For fourth, to specify the relative people, i.e. people who are in the charge of certain administrative officials. But for common people, it is more appropriate to collect the revenue than to charge. In fact, administrative charge is a compulsory way through which the administrative ministers deprive property rights of the citizens. Its boundary and character are mainly concerned about the relationship between executive power and civil rights, the administrative charge rights and property rights of citizens.Part-2, discuss the shortage of Charge system of administration in ChinaAnalyze the harm and negative impact and reasons making by administrative charge from our present condition. It comes down to the deep society economic roots as it couldn't be forbidden many times. On the taxation system, decentralization reform on one hand leads the local government put more on Inventing Income the wrong way than transition of budget funds. Protect local benefits through the charging way, the budget and system expansion. And on the other hand, as the local tax reform had lagged, China's tax collection rights are most controlled in the central government, even the local tax, is still controlled separately by the legislature and local government. This condition is neither suitable for the economic development nor the demand of the tax system. Before the legislative power of taxation was enacted, in order to satisfy the requirement of local government, they charged for the government, and it did encourage the massy charging. So it is difficult for us now to revise it. About the transition of government functions, its misplace broads the scope of financial expenditure, put forward the expenditure growth rate and aggravates contradictions between the financial revenue and expenditure. In the aspect of management system, charges system is utterly chaotic, fees are random and collection system is more chaotic. Besides, there being no effective supervision and inspection system intensified the bad condition.Part-3, reference from other countriesFirst describe the generation of charge system of administration of other countries. Then he introduced Western countries management system for administrative fees and charges legalization, rational division relations, payment methods modernization, the capital management regulating, and income and expenditure review system establishment, with which to help China's charge system of administration.Part-4, Response to perfect charge system of administrationOn the basic of the above, the author lists some suggestions, clarifying the administrative charge principle. And see from the present condition, the author proposed we accelerate the pace of reform of the administrative system, divided reasonable tax between the central and local tax, adjust all levels of government revenue structure, establish the intergovernmental standardized financial transfer payment system. And clarify setting right of the administrative charge. Divide the state administrative organs collecting right into the state administrative organs to set fees and National implementation of the executive power charges. Make sure that they are separated. Further standardize the administrative charge process and perfect the management and oversight system. What is more, we should establish a sound permit fees, state administrative organs charges list, charge members certification and two lines of income and expenditure, achieving the goal of regulating national empowerment, restraining administrative powers, power balances and establishing the effective legal oversight system.