Hearing representative Yan Xueming said: An unfair policy is difficult to justify. If you really treat the same car and increase the cost of using the car, you should pay no taxes, as long as you have a car, you have to pay taxes, as long as you use the car, you have to pay.
A few days ago, Shenzhen introduced a plan to control congestion: it is proposed to levy a “parking adjustment fee†through administrative fees, up to 240 yuan per day. This move has caused widespread debate. On the 21st, the hearing of the parking lot adjustment fee for the off-street parking lot in Shenzhen was held as scheduled. The 17 hearing representatives agreed to the new idea of ​​improving the cost of using the vehicle through economic leverage, but most representatives levied the so-called “parking adjustment feeâ€. Oppose the opinion. Some representatives even said that the move was not an innovation and it was illegal.
Does the government have the right to impose administrative fees?
At the beginning of the introduction of the blocking plan in Shenzhen, it was clarified that the “parking adjustment fee†was “administrative fee†and emphasized “expropriationâ€. A number of hearing representatives questioned whether Shenzhen had the right to “collect administrative fees†for the purpose of escaping.
The policy makers of the Shenzhen Municipal Communications Commission said that according to Article 76 of the Regulations on the Administration of Road Traffic Safety of Shenzhen Special Economic Zone formulated by the Shenzhen Municipal People's Congress, the municipal government may adopt measures such as collecting parking fees for off-street parking lots to control traffic congestion. Therefore, the collection of adjustment fees has sufficient legal basis.
However, the representative of the hearing, Yan Xueming, believes that there is no concept of “administrative fees†in all current laws in China. From the legal and practical point of view, the administrative fee should be the fee charged by the administrative organ to the administrator in the administrative process, such as the visa fee, the passport fee, etc., because this is because of the expenses incurred in managing a specific object. It is unfair to be borne by all taxpayers, so it must be borne by the administrative act. However, it does not mean that the administrative agency charges all fees as administrative fees, not to mention that the administrative agencies can arbitrarily set "administrative fees."
Hearing representative Li Li said: "China's reform and opening up has been implementing tax and fee reform for many years. It has canceled the abolition of many administrative fees. In this environment, Shenzhen has created a new name collection fee, is it in line with China's national conditions?"
Does it really conform to international practice?
When the Shenzhen Municipal Communications Commission stated the plan for the collection of parking adjustment fees, it repeatedly mentioned the experience of foreign countries, saying that “the experience of international advanced cities such as London, Singapore, Hong Kong, etc. shows that economic levers are used to regulate traffic demand, and economic means such as parking fees are increased. Increasing the cost of using cars, reducing the use of cars, and guiding the transfer of cars to public transport are common practices in major cities."
However, the hearing representative Liu Changsen asked at the hearing: Is the “parking house adjustment fee†compliant with international practice? “The plan cited examples from London, Singapore, and Hong Kong, but a careful study found that they were up parking fees instead of 'parking adjustment fees.' If there is a city that receives 'parking adjustment fees', then we are in line with international practice. But I have not found one, how can I say that it conforms to international practice?"
Liu Changsen said that if it complies with international practice, it will increase the parking fee. Parking fees and parking adjustment fees are two different properties. The parking fee is based on property rights. The parking adjustment fee is an administrative collection fee. The government imposed a “parking adjustment fee†on the door of a private property parking lot to violate the private rights of citizens’ property.
Why is the internal parking lot of the government an "extra-legal place"?
Since the scheme is only for the off-road operating parking lot, and the government-owned parking lot is a non-operating parking lot, it has become an “extra-legal placeâ€. Since the beginning of July, the publicity of the program has caused the public to question that the government, as a policy maker, is inferior to social justice.
"According to the current plan, the most important one is the office workers who have no parking lot in the unit, and the second is the business people who often go out to work. Who is the least affected? First, the unit has free parking, and the second is usually not going out to work, three He is a person who has a car reimbursement." Hearing representative Yan Xueming believes that such a policy is promulgated, obviously some people are damaged, some benefit, and the benefits of damage depend entirely on his identity. The orientation is very obvious. Such a policy is lost. fair.
At the hearing on the 21st, the Shenzhen Municipal Communications Commission explained: “The non-operating parking lot has no charging main body, equipment, etc., and it is not within the scope of supervision of the traffic police department. Therefore, it is difficult to propose mandatory reform of its management and facility monitoring. It is difficult to levy an off-street parking parking adjustment fee in such a parking lot in a short period of time."
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