Administrative Charges Of The Law Of Regulation

Concept of due process is an important part of modern law, but also an important guarantee for administration according to law. The Tenth National People's Congress of China will be "administrative fee law" into the legislative plan, therefore, the theory of administrative fees and in-depth exploration of the existing legislation to sort out the administrative charge is particularly necessary and urgent, especially for theorists and practice relative neglect of the administrative fee procedure.At present there is no unified administrative charges of procedural law, the procedural requirements related to administrative charges distributed clutter, the content is more inclined to set the relative provisions of administrative procedures for obligations to the neglect of duty charge of the main program, leading to the main administrative fees charged in practice, not based on procedures requirements or regulations on the pay perfunctory execution procedures, resulting in duplication of charges, cross-charges of failing to pay the high incidence of causing great damage to the relative rights and interests. Embodied in administrative fees with respect to the substantive justice, the people often overlooked implication of the proceedings of justice itself, but the modern concept of the rule of law is a basic procedural justice. Only programs designed for the parties to give them equal opportunities to participate so that they have equal rights in the same time bear the corresponding legal risks and responsibilities, making the program elements as the key outcome of litigation success.Accordingly, this paper, the theoretical and practical problems as to how the statutory procedures stipulated by legislation to regulate the behavior of the main line of administrative fees, administrative fees for procedures to be improved laws and regulations. The author first introduces the basic theory of the administrative charge process. Procedures related to the concept of administrative fees to be defined and profound analysis of its theoretical foundation and existence value. Next, examine the existing legal norms of administrative fees relating to the program specification, program administrative fees empirical analysis of the status of legal norms, so that its readers have a comprehensive understanding. Through the toll principles and contents of the program point out both the problems and shortcomings, and to explore these issues and the causes of defects, Finally, drawing on the experience of foreign countries on the basis of relevant countries, for the above-mentioned problems and shortcomings, propose to develop procedures for administrative fees and reasonable legal norms must be adhered to constraints in the overall implementation of charging administrative fees of the main power to protect the legitimate rights and interests relative to the principle that principle of openness, fairness principle, in principle, the principle of efficiency, at the micro level, the program content of the administrative charge be regulated, mainly from that status, with justification, to make administrative decisions and administrative fees charged four aspects of the implementation of decisions of law make it clear that the procedures for administrative fees to play to its functions, seek a fundamental solution to the behavior of administrative arbitrary charges.