On Legal Regulation Of Administrative Service Fees In China

There were few government fees and charges in China since the founding of New China to the reform and opening up.Into the 1980's,the gradually growing scope,rapidly increasing amount and high rates of government fees and charges, with the non-standard behavior of charging,ultimately led to the phenomenon of overabundance and random of administrative service fees.Since the reform and opening up,the governance to fees finally formed the government fees and charges structure,of which the major part was administrative service fees.In this paper,"the administrative service fees",which has been most widely used especially for the official recognition,was made to be the research object,in order to reverse the existing fees and charges positioning and complement the legal regulation,by carrying out empirical analysis and normative analysis.The major of this paper is consisted of four parties:The first part is on the basis of administrative service fees.Administrative service fees is the most important form of our government fees and charges,and the basic theory research is a foundation to build a specific system of regulation to administrative service fees.In this part,we starts with the concept(the connotation and extension),followed by the nature,the reasonableness of its existence and the positioning of the administrative service fees.The basic brief analysis lays a theoretical foundation to the further study.The second part is on the status of the regulatory of our administrative service fees,including the related legal system,the existing regulatory system and problem, the main forms of and the root causes of our administrative service fees.The third part is on the extra-territorial situation of government fees and charges regulation.We pay close attention to Czech Republic,Germany,Canada, and China's Taiwan region,where have developed unified legal norms of administrative fees.The fourth part is on the ideas of legal regulation,pointing out that the resolution is to make the " Ordinance on fees of state organs "as soon as possible to set the right purpose and the principle of regulation,realloeate the set permissions, restrict the scope of charges,and establish the system of protection to the rights and interests of the administrative counterpart.