Studies On The Late Payment Penalty

Since the《People's Republic of China Labor Insurance Regulations》(1951) which decreed the late payment penalty clause firstly, China have Promulgated a lot of laws and regulations with late payment penalty in Taxation, environmental protection, road maintenance, water and electricity charges collection and so on. The body, which used late payment penalty, is very complex , for it includes many kinds of organizations such as administrations ,institutions , enterprises , etc... This article posed the question of late payment penalty which existing in laws and regulations and people' daily life by analyzing the late payment penalty measure, from its utilization to abolishment.The structure of this article is as follows:The first chapter enumerates all the late payment penalty up to present in the law, the administrative rules and regulations, social life in our country and analyzes the differences between them.The second chapter, analyzed the late payment penalty system's successional variation and the complexity of China's social transition firstly; And then discussed on why the late payment penalty went through a so complex winding transformation by uniting the two. Based on the above Analysis we draw that the late payment penalty under old planned economic system gradually divided into three categories: one transformed into administrative fees, one transformed into compensation for breach of contract; and the other retaining as the new late payment penalty.The third chapter defined the late payment penalty. Drew the conclusion: the kind of late payment penalty which nature between public and private were arising from the direction of the reform, and should be retain.The forth chapter discussed legality of the collection of late payment penalty on expense in university as well as the problem brought by canceling it.The conclusion mainly analyzed the background of the late payment penalty, and deemed that we must differentiate between the late payment penalty which should be reformed and the late payment penalty as the reform direction. The old late payment penalties are the reform object, and the reform direction is precisely the new late payment penalty. This is the new adjustment method which the social law regulation mechanism grew.