Research On The Legal Issues Of Urban Garbage Disposal Fees From The Perspective Of Administtative Law

Recently in China,the rapid growth of urban household garbage has put a strain on the urban ecological environment,which has aroused widespread social concern.The current system of garbage charging is mainly built on the basis of two department laws in 2002,which are issued by the former state planning commission and the ministry of finance.The current system of garbage charging has played a certain role in promoting the disposal of garbage,however,there are still some problems to be solved.The first one,in China,National People's Congress has never made or passed any laws about administrative charge.However,relevant rules and regulations formulated by local governments and local people's congresses can not speak in one voice.Further on,there is conflict of legal hierarchy for the charge basis.Secondly,the execution units of garbage charging lack consistency.Besides,the imperfect system of management makes the garbage charging and managing work harder.Thirdly,the nature of charging is not clearly defined,the charging behavior is not standardized,the charging channels are not opened up,and the charging mode is uncertain.Summing up the above,the Garbage charges still present problems of chaos,intricacy and severity,which directly lead to the low collection rate of garbage charging.The imperfection and unsoundness of the garbage charging system will seriously affect the classification,the clearance andtransportation,the transfer and the disposal of garbage,and any other parts in garbage comprehensive treatment.What's more,such system even leads to the situation of garbage siege and the risk of environmental pollution.That's why we have stand in the perspective of administrative law,take the basic principle of administrative law as the guarding principle,staring from the basic theory of urban waste disposal fee,confirmed its property,then explore the legal attributes of administrative charges and the path of legalization.That's why we should learn developed countries and Taiwan's model patterns and practice in garbage charging.And we will gradually build a systematic legal regulation system for garbage charging adapted to the Chinese context,which could make garbage charging more scientific and reasonable,could motivate the public taking an active part in garbage classification and recycling,and could truly control the amount of garbage from the source,finally achieve the goal of garbage minimization and resource recycling.