A Study On The Consummating Of The Administrative Charge System

Along with prospering gradually of the market economy, and advancing gradually of rule of law in the our country, the administrative fashion of our government must also change correspondingly. So the administrative charge in the administrative practice must be set up and levied legally. However, for a long period of time, arbitrary charge without legal basis couldn't be prohibited. This fact has done harm to the citizen's property rights seriously. Aiming at the situation, I take the consummation of administrative charge system for the issue of my dissertation and have made a systematical and whole study on it.Three parts as preface, text and conclusion compose this thesis. The preface briefly introduced the writing background, research purpose and method. The text is divided into five chapters. Chapter 1 is about the elementary theory of administrative charge, including the meaning, classification, attribution and necessity of administrative charge. Chapter 2 is about the theoretical foundation of regularizing administrative charge. In this chapter, I expound the theoretical foundation from two aspects-constitutional jurisprudence and administrative jurisprudence. First, private property rights are civil constitutional rights, so they shouldn't be violated by the government's behaviors. Second, the theory of power control requests the government's behaviors subject to law. Chapter 3 is about the use for reference of the administrative charge systems overseas. In this chapter, the administrative charge systems of America, Canada, Germany, Japan, korea and Taiwan in China are compared , and many common merits are summarized. Chapter 4 is about the present situation of administrative charge practice in our country. In this chapter, I review the problems in the administrative charge practice in our country and analyze the causes of the problems. Chapter 5 is about the perfection and consummation of the administrative charge system in our country. In this chapter, I put forward an idea of consummating the administrative charge system. Finally, In the conclusive part, I sum up the main results in this study and point that the consummation of the administrative charge system is a complicated work and it should be studied further.