Maintenance fee dispute should be out of the limitations of legal instruments

 2006-11-04 published in opening, decorated with several administrative cases, appeals were eventually end up feeling very depressed.
baptism after a century of modern civilization, the worship of instrumental rationality of the law has in-depth bone marrow, both the performance of blind faith in the legislation, but also in For law enforcement is lagging behind the mass intolerance. Thus, we often see people in the executive branch for two attacks: one is failure to abide strictly enforced, the second is dominated by the legislative power to make law departments lose their justice. the surface of the emotional struggle aside, we actually see the embarrassing situation of transition, the law, that law can not break free of the fetters of administration, nearly every law enforcement can not be separated from the legislative to the executive power of the endorsement. the rule of law society in transition The important feature, although one after another out of the law, but often because of legislation and law enforcement organization in the traditional administration of the .
dispute between the parties, a party dedicated to purely legal, that the current road maintenance fee, administrative rules and regulations relating to expropriation deserted January 1, 1998 come into operation after 1999 and 2004 amendments to the For the executive branch discretion on road maintenance, traffic management across many departments hold this theory.
Surprisingly, from the In 1997, through the In 2004, the NPC Standing Committee again revised the tax on behalf of the fees, while the legislative intent of the Act is everywhere reflect the characteristics leave room for the transition period. If times in early 1997 when special emphasis on the development: road maintenance fee collection methods. requirements of its program ten years but no decision delay, the executive branch authorized by law, Soon, not to mention real!
debate was going on when the warring parties, the Ministry issued provincial road maintenance fees are pledged to impose strict, Zhengzhou, Changzhou and other road maintenance fee paid to the laws of the road are struggling to show interest in the executive branch to maintain a consistent self-determination.
rooted in the interests of all disputes, non-transparent public finance system and scientific decision-making. fuel tax instead of road maintenance will be moving to the transport sector and the oil companies the two giants of cheese, so that interests of local governments will also suffer. the transport sector the right to audit the collection of the right to be deprived of the two major powers, occupied by the enemy for the pure road builders and road maintenance workers, a strong conflict within reason; prices include fuel taxes, oil prices and international oil prices will make our country a true commitment from and the people get to the bottom of the external costs of non-oil companies like ; road maintenance once they are replaced by fuel tax, levied by the tax department uniform, into the state budget system, is bound to set off a new round of central and local interests of the game.
more serious problem is that road construction and maintenance costs of the provinces on how many is reasonable is not established as demonstrated by the country itself. to present the central audit department of human resources, audit each point is unrealistic, but only to resort to Zhuadian Xing-style deterrence. argument is not scientific, the audit is not strict, transparent public finances, trying to build on this basis, a reasonable model of tax on behalf of the fees almost impossible. oil low fluctuation of fuel tax only to the delay in providing a good reason. In fact, this problem exists not only in the transport sector, but also in all areas of tax reform, exposing the past, administrative fees and public finance, rough.
successful people get the fuel surcharge as a successful case of Hainan Province, are confusing two different issues . should be seen in Hainan Province's success does not lie in the implementation of the Sturm und Drang of reforms, on the contrary, it was a mild improvement of stride is not the only radical 60% of fuel costs charged by the fuel costs of reform initiatives because of large fluctuations in oil prices, consumers bear the cancel. Hainan Province, is still charged but not tax, local use of funds is still not right in the center, fees charged are still tons of crude calculation by gasoline and diesel vehicles to implement road maintenance, tolls, bridge tolls, transportation management fees four charges one flat fee.
its fuel tax dedicated to road maintenance fee dispute, it is better to look back and asked the local government in the fiscal budget and final accounts of the specific use of public road maintenance the situation by independent audit departments in different places strict auditing, and the abuse of traffic revenue has been auditing the conduct of legal punishment to financial and legal penalties to restrain public sector profit-driven interests of enthusiastic style than on paper investigated suspicious The offense is much more effective.