Brief Analysis Of Administrative Fees For The Current Situation And Countermeasures

At present in the administrative charge domain, the optional charge, the redundant charge, to exceed authority at will to collect ,such as the phenomenon to be quite serious, has caused the administrative relative person intense discontented, also has aroused society's widespread interest. At the same time, the charge inflation, the charge invaded the tax revenue also to harass the assignment order, dispersed the national financial resource, weakened the control ability of government to the economical macroeconomic regulation . Because the level of law is not high in the domain of administrative charge, therefore it is urgent to strengthen the theoretically research of the administrative charge question, then strengthens well to the administrative toll of legal regulation. This can protect the citizen,the legal person and the other organization's legitimate rights, prevents the occurrence of illegal charge.The first part of the article elaborated the basic principle of administrative charge. First embarks from the administrative charge's basic concept, analyzed its basic concept then has made the elaboration of difference between the administrative charge and the tax. Then has made a simple description about characteristic of the administrative charge main in four aspects such as body, process, authority and paid .The administrative charge has its existence rationality and the necessity, its correlative theories mainly has the public goods assignment efficiency maximization theory, the beneficiary to bear the theory and the state-owned resources property right limits theory. Its existence is also decided by our country's social reality and the detachment condition.The second part of the article has made the elaboration about present situation and the problem of administration charge in our country. In our country, optional charge, the redundant charge, to exceed authority at will to collect charge and the charge inflation, the charge invaded the tax is quite serious. Because the administrative charge was not standard, so it has caused much harm, therefore this article has carried on the analysis about its true reason. The characteristic of administrative charge in the western nation provide essential model. The western nation has own characteristic in the determination of charge item, the determination of the charge criterion as well as the charge use. It has indicated the direction for ours charge system reform.The third part of the article is my views about the solution to the administrative charge. The problems of administrative charge is so much that any independent measure cannot solve the problem. We need to take many measures to be able to solve the problem completely. I suggested that carries on the reform about legislative, the law enforcement, the taxes and fees reform, the relief system as well as supervising mechanism these aspects, so as to let the administrative charge to abide by the law and the standard.