The Study Of The Legal Regulation Of Administrative Charge

Administrative charge is a kind of administrative behavior which refers to administrative organs or other organizations authorized by the laws and regulations charge equivalent currency on specific administrative relative person. Administrative levy system is the important part of administrative charge in China. In some relatively perfect market economy developed countries, tax is the main government disposable resources while China is still in the stage of reform and the transition phase. Government disposable resources include a large number of administrative charge which administrative departments charge to companies, other operators or natural persons under various names. Therefore, if the regulation of administrative charge is not perfect, it will cause the phenomenon of arbitrary charges. If this phenomenon continues, there will be extremely serious consequences. The thesis is divided into four parts including preface, text, epilogue, and postscript. The thesis is three thousand words, and the text is made up four parts. The content is as follows:The first part starts from the basic theory of administrative charge system. Firstly, it elaborates the intrinsic meaning of administrative charge. Secondly, it discusses the scope of the administrative charge.Then, combined with the scope of administrative charge, depending on the subject, purpose and the nature of the charge, the three kinds of classification was carried out, respectively for administrative charges and service fees, congestion charges, compensatory fees and charges defined, classified and non-classified budget budget charges. Finally, on the legitimacy of the existence of the administrative fee system were demonstrated and explored the existence of administrative fees theoretical perspectives from different perspectives.The second part sums up the researches which is achieved after reform and opening about laws and regulations of administrative charge. The21st century is the most important period in terms of legal regulations of administrative charge. The nest part focuses on the currently existing problems of administrative charge legal regulation and the causes of these problems. The jurisdictions of administrative fees are confusion which are elaborated from the fees and charge subjects. The main problems are that there are numerous types of administrative fees; the standards of administrative fees are not uniform, and procedure and execution of administrative fees are not perfect. In terms of pay procedure, decision-making procedure of administrative fees is not clear and too simple. Secondly, the enforcement after deciding an administrative fee is not perfect. And followed by analysis of the specific causes of the above conditions:firstly, the lack of unified The Act Of Administrative Charge. Secondly, the economic roots of administrative charge are interest-driven. And then coupled with the handling for illegal behavior is too loose and the lack of strict supervision and remedy mechanism, objectively connive the behavior of arbitrary charges.The third part is the most important part of the full text, mainly proposing the suggestions to improve the administrative charge legal regulation. First of all, establish the guiding legal regulation of administrative charges. Secondly, formulate unified The Act Of Administrative Charge. On the regulatory fee setting authority, the laws, administrative regulations, local regulations and local government regulations can be set into a range of administrative fees. On the regulatory scope of administrative charges, elaborate the range of charges in turn from affirmative enumeration to negative exclusion. On the specificating of approved standard fee, summarize some relevant factors concerning the project shall be reduced to reduce fees. In norms charge of the legislative process, summarize and draw on innovative experiences of other countries and regions, combined with China’s current status of the administrative system, and give suggestions to improve the legislative initiative on the fee hearing. Finally we need to improve the supervision and administration regulation of the administrative charge.