Legal Regulation On Enactment Right Of Administration Fees

In recent years, the phenomenon that our administration charges fees irregularly has become severer. The deficiency of the legal regulation of the administrative charge setting right is one of the main causes for the irregular charges. Therefore, the first step to govern the irregular charges should standardize the setting right of the administrative charges. At present, as for the setting of our domestic administrative charges, only some regulations and rules have been carried out. It lacks the overall regulations and systematic configuration of the laws, and also it gets little involved in the principles and standards of the charge setting. There are problems about the charge setting right chaos in our domestic existing administrative charge system, such as decentralization of the subject, administrative property, obscure limits of authority, etc. The hazard resulting from the problems is reflected on the following aspects:tax ratio imbalance distorts the normal financial system; the great charge scale puts greater burden on the civic enterprises; the deficiency of charge heteronomy stimulates the governmental power rent-seeking; chaotic charge distinguishing has influence in the transformation of the government functions.In essence, the administrative charge setting right is a legislative authority based on three layers, i.e. rationalism, legal reservation, and legislative regulation. To develop the basic theory and system of the legal regulation of our domestic administrative charge setting right plays a significant role in standardizing the setting right. Specifically, with regard to the legislation resource coordination, the legal regulation of the administrative charge setting right should attach great importance to the optimal configuration of the popular will legislation and the administrative legislation. With regard to the hierarchy distribution of the legislation, it is necessary to balance the benefit pattern of the central legislation and local legislation. Regarding the alternation of the legal norms, it is feasible to seek for middle way of the direct recycle and indirect recycle. As for the implementation model, it is necessary to adjust the financial system and legal norm promptly.Two general orientations of the legal regulation of the administrative charge setting right:the legislative body implements the administrative charge setting right; the central and local government implement the administrative charge setting right by hierarchy. On the layer of the central government, it formulates the special charge law. Its content basically belongs to the framework stipulation. The professional law can set specific administrative charge items belonging to the corresponding departments. The State Council sets the administrative charge items according to the definite authorization of the laws or within its own limited functions and powers (it takes effect after getting the approval from the National People’s Congress and its standing committee). The department regulation does not have the right to set the administrative charge items. However, the administrative charge of the specific specialty can be set by the law with definite authorization. Other normative documents under the regulations cannot set the administrative charge items. As for the local level, under the framework regulations of the central specialized charge law, the People’s Congress and its standing committees of each provincial level formulate the Rules of Administrative Charge that is proper for the local, and determines the specific charge items of the local place. Out of this scope, the specific charge items belonging to the local place can be determined by the professional local laws and regulations. However, it should be reported to the Standing Committee of the National People’s Congress for approval. The local government act has certain temporary administrative charge setting right. The government regulation of the larger cities and other normative documents under the regulation can not set the administrative charge items.