The Legal Regulation Of The Process Of Governmental Fund Setting Up

As a kind of non-tax revenue, Governmental fund is a form for government toparticipate in the national income redistribution. It is a product of the transformationfrom planned economy to market economy in our country. Due to that the currentfinancial system is not perfect, the lack of effective regulation of government fundsleads to many governmental fund problems in practice. First of all, the governmentalfund is not according to the legal levels of regulatory documents to set up. Secondly,scale and budget is not fine. Thirdly, the main body of setting up is very scattered.Fourthly, both rights and obligations are not comprehensive. Fifthly, the establishedprocedure is incomplete and the supervision mechanism is inadequate, and so on.During the fourth plenary session of the eighteenth, the rule of comprehensive lawconstruction is promoting. This is the better time to discuss the setting up of legalregulation of governmental fund.Based on a large number of master and the basis of other scholars research results,the paper analyses the concept and nature of governmental fund by qualitative analysismethod. the author consider that government-managed funds is the fund that authorityasks the certain citizens, legal persons and other organizations for a certain amount ofmoney to support the development of the specific public infrastructure and publicutilities. the author expound the theory source which includes the quasi public producttheory, risk sharing theory as well as the macroeconomic regulation and control theoryat the same time by value analysis method. In addition, in the face of the existingproblems of the governmental fund, the author analysis the reason from two dimensionsthat include the history process of the longitudinal and transverse the administrativepower. On this basis, the author give the suggestions in the aspects of entity, procedureand supervision. first of all, in the physical level, the author suggest the setting up ofgovernmental fund should insist on fiscal necessity principle, legal principle, and theprinciple of fiscal democracy to formulate the governmental fund. The next, we shouldunified governmental fund project, improve the budget system, clear the scale andunified the competent financial sector as a main body. Secondly public the process forthe obligation body and relevant experts so that they can participate in thedemonstration of the necessity, collecting standard, related fund collection period, andimprove information disclosure system. Again, perfecting the supervision mechanism,supplemented by relevant supporting facilities reform, we believe the process of the setting up of governmental fund will achieve the standardize operation.