Legal Control Of The Establishment Of Government-managed Funds

Government-managed funds are an important part of China’s financial system.They are earmarked fiscal funds collected free of charge from citizens,legal persons,and other organizations to support the construction of specific public infrastructure and the development of public utilities.In order to regulate the establishment of government-managed funds,it is necessary to improve its legal control system.The shortcomings of the establishment system of government-managed funds in China are reflected in the lack of clear authority for the establishment of government-managed funds,the low level of establishment document form and the opaque establishment procedures at the formal level.The problem is that the group of obligors is too broad and the collection time is unknown.In view of the positive significance of the establishment of government-managed funds to explain the concept of quantitative benefit burden,realize government functions and solve the "fiscal illusion",there is also a potential risk of violating the basic rights of citizens,deviating from financial statutory principles and challenging national tax goals.The legal control has its legal basis and practical necessity.Regarding the formal control of the establishment of government-managed funds,the authority for setting up between the legislature and the executive authorities,and between the central and local authorities should be reasonably allocated to improve the procedures for the establishment of government-managed funds.The establishment of government-managed funds should adhere to the principles of legal reservation,clear authorization and due process,take the law as the sole basis for the creation of government-managed funds,and authorize administrative regulations to clearly stipulate the elements of their collection.The procedures for the establishment of government-managed funds need to be guaranteed The procedure is open and transparent and requires the democratic participation of the obligor.With regard to the substantive control of the establishment of government-managed funds,it is necessary to adhere to the principles of proportionality and the principle of quantitative benefits,regulate the establishment ofgovernment-managed funds,and protect the financial rights of obligors.The principle of proportionality requires reviewing the proportional relationship between the policy objectives carried by government-managed funds and the degree of infringement on property rights,and testing whether the policy objectives established by government-managed funds belong to the scope of government functions,whether government-managed funds are the best means to achieve policy objectives,whether government-managed funds restrict property rights appropriately.The principle of quantity benefit levy requires that the obligors of the government-managed funds when it is established should have the characteristics of homogeneity,group accountability and group usability.Under the premise of establishing the formal control and substantive control content of government-managed funds,it is necessary to explore the specific path for the implementation of the system.At the level of constitutional control,the constitutional interpretation and constitutional review mechanism for government-managed funds should be improved to achieve constitutional control over the establishment of government-managed funds.At the level of fiscal law control,the law of government-managed funds used to guide and regulate the establishment of government-managed funds should be improved,and appropriate adjustments should be made in the establishment of government-managed funds to establish the "legal retention principle" and "clear authorization principle",that is The law serves as the sole basis for the creation of government-managed funds.For existing government-managed fund projects,the formal rule of law and substantive rule of law should be taken as the standard.The unnecessary government-managed funds should be cleaned up,and the necessary funds should be transformed to realize the legal transformation of the existing government-managed funds projects.