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我国的行政收费制度虽然由来已久,但是有关行政收费的实体法和程序法都不完善,行政收费的可诉性及其合法性审查标准至今没有定论。本文从区分构成行政收费的设立行为和执行行为的可诉性进行分析,试图对行政收费的可诉范围进行界定。并且从设立行为、执法主体、设立和执行程序等方面归纳对行政收费的合法性审查标准。最后就完善行政收费制度提出几点建议。
Although the system of administrative charges in our country has a long history, the substantive and procedural laws on administrative charges are not perfect. The feasibility of administrative charges and the review criteria of their legitimacy are still inconclusive. This article analyzes the feasibility of distinguishing between the formation of administrative charges and the performance of administrative acts, trying to define the scope of the administrative charges. And from the establishment of behavior, the main law enforcement, the establishment and implementation of procedures and other aspects of the administrative review of the legality of fees. Finally, some suggestions are put forward to improve the system of administrative charges.