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The Research Of The Administrative Charge Of China

Posted on:2011-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2166360302493101Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Charges, is accompanied by the development of productivity of goods, the refining division of labor and social management needs resulting from a socio-economic phenomenon. Administrative fees are important sources of the national and local governments, play an important part in the development of economic and society. However, with the rise of economic reform and opening policy, the distribution pattern of social change and transformation of government functions to arbitrary charges and fines, and various characteristics of funds apportioned to the "raising", has gradually developed into an acute social problem. At present a huge amount of administrative fees, project large disorder, powers and responsibilities of the executive pay system is unknown, Although the national government arrange investigation of provinces each year on different content focus, arbitrary charges, however, despite repeated prohibitions. And with the competent authorities at all levels of government investigation and punishment occurs more and more subtle means of arbitrary fees, more diverse forms, showing a "cost more"," re-charge fee " and "heavy fee" phenomenon.Both The Administrative body and the Administrative relative person is the subject of Administrative legal relations, but they are unequal in nature. Administrative body exercise functions and powers of the state administration which resulted in part of the administrative body of the abuse of executive power. Therefore, the Administrative body's rights and obligations must be subject to supervision and control. Administrative law-making, the process of implementation should also consider more fully the Administrative relative person's rights and obligations to protect the rights of the Administrative relative person.Persist in the spirit of people-centered development of making and enforce the law.Administrative fees paid to exchange the equivalent cost or like the tax free nature just charge by the government on right is the inter-debated topic. It is this understanding of the differences and lead to confusion in the current management system of fees, charges legislation has seriously lagged behind outdated charge management system. Therefore, the interpretation of the nature of administrative charges and fees of the management system is the key to this study. This article focuses on the introduction of administrative fees'paid nature and point out the significance of being aware of this nature. This paper discusses the illegal "administrative fees" (illegal administrative)-unauthorized fees issues:Reconstruction of the executive body theory, identify the executive and the civil servants entrusted with the organization and administration of a public servant in law are responsible for the obligations; Unlawful administration cited the basic form and that the "arbitrary charges" is the abuse of power; "Arbitrary charges," the best remedies rather than remove unauthorized fees that specific administrative act, but to declare illegal the commission as an abuse of power (beginning) is invalid, that the opposite of universal relief. On the other hand, charge management in our country is a problem. To solve this problem we have to perfect our charge management system, so this paper also talks about charging management system reform and reform of the task. Wether the administrative body have right in legal, the size of the authority is to decide an important factor in the administrative charge system. We use this principle to look at our system of administrative fees and current status, to analyze the existing problems, and strive to be resolved, then making our legal system of administrative fees.Administrative fees not only an important source of state finance, but also the national regulation of the economy; it has an important means of managing social. So administrative fees is necessary to maintain the seriousness and authority, therefore, explore ways to establish and perfect the legal system of administrative fees, have great significance.
Keywords/Search Tags:Administrative fees, The administrative body, Administrative counterpart, Administrative services, The price nature of Administrative fees
PDF Full Text Request
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