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China's Financial Legal System Of Transfer Payments Construction

Posted on:2009-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:H C ChenFull Text:PDF
GTID:2189360245488190Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Financial transfer payment system is the first purpose of the establishment of the government at all levels in order to achieve the financial capacity to pay equal, followed by the realization of balanced economic development, and finally the realization of social justice. China's existing financial transfer payment system construction has been going on for more than 10 years, but there are still many problems. The author believes that science in China Construction of financial transfer payments legal system is not able to complete the things overnight, we must consider the reality of China's national conditions, with this reality to build China's financial transfer payment legal system.The article on the first part of the financial transfer payment system made a general statement. In the part of the first quarter, we discussed the financial transfer payment content and features of the financial transfer payment clear the concept of Section II, we mainly on the financial transfer payment system outlined in the law, including the contents of the five parts: 1, the financial transfer payment of Economic Law legal system attributes; 2, the financial transfer payment method norms constitute,;3, the function of financial transfer payment; 4, the goal of financial transfer payment and 5, the financial transfer payment model.The second part of the main article on the financial transfer payment of the theoretical basis for the legal system. Its theory mainly in three aspects: First, the basis of political theory, including the financial transfer payment to pay the state functions, fair distribution of national policy and the objective of building a harmonious society requirements, and so on the second is the basis of economic theory, including the theory of evolution negative external economic theory, theory of public goods classification, the central and local governments, non-cooperative game theory and financial imbalance theory; Third, it is theoretical basis of jurisprudence, including the fair value and effectiveness of the requirements in terms of the value of the two. Transfer payments through the legal system on the basis of the basic theory for the construction of China's legal system of financial transfers and payments provided the ideological and theoretical basis of the relevant.The article focused on the third part of the Western developed countries in building the financial transfer payment the successful experience of the legal system, and on this basis for further analysis and comparison, so as to obtain some of China's legal construction of the financial transfer payment system useful enlightenment. Including the legal system of transfer payments, governments at all levels clearly defined the powers and financial authority, and payment transfer a clear objective, comprehensive use of various transfer payments, transfer payment system and the standardization of formulaic, and strengthen supervision to ensure the efficiency and the use of funds. effectiveness, and so on. Through in-depth analysis of comparison, in this respect that our country and still falls far short of international standards, and that we should learn from their useful experience, in line with the national conditions of China Construction of a scientific and rational financial transfer payment to the legal system.The last part of the article discusses how to build with Chinese characteristics, the financial transfer payment legal system is the most important part of this paper. The first part describes China's financial transfer payment system and the status of the problems later described the China Construction characteristics of financial transfers and payments by the legal system should follow the principle of "no rules, no area", the legal system must conform to the design of more science reasonable principle on the final design of the system have the following idea: develop "financial transfer payment method," and establish a "factor" the main base of the secondary scale of the financial transfer payment mechanism, and strengthen supervision to ensure that the use of fiscal funds efficiency and effectiveness, including:①the Finance Committee set up a special financial transfer payment as the development planning authority;②the establishment of a regular financial transfer payment information disclosure system;③organs of the right to strengthen supervision, supervision updated concept of establishing standardized supervision ;④establish a financial transfer mainly vertical, horizontal, supplemented by the transfer of financial transfer payments.This paper uses a comparative analysis and historical analysis of the combination of standardized analysis and empirical analysis of the method of combining comprehensive jurisprudence, taxation law, civil law, the Constitution, economics and other subjects, linking theory with practice, the intergovernmental transfer payments Legislation system were studied. At the same time in question, analyze and solve problems logical idea, through drawing on Western developed countries on the intergovernmental fiscal transfer payment system model legislation and practice of China's existing intergovernmental transfer payments the legislative status quo, and the reasons for the problems, such as a more comprehensive analysis and the China Construction of the characteristics of financial transfer payments and the principle of the legal system envisaged, in a bid to the passage of this study, the government of our country between the Construction of the system of transfer payments to scientific and reasonable proposal.
Keywords/Search Tags:Financial transfer payment, Fiscal imbalances, Construction of the system
PDF Full Text Request
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