Study Of The Legal System Of China's Insurance Tax

Modern insurance plays an important role in the prevention of risks, economic compensation, capital turnover and social management, Tax law system is a guarantee to insurance's greater development. As insurance industry involves not only the finance stability but also the social public interests, and the specialization of its products and the insurance accounting dependent on the detailed calculation, all these factors will give rise to the difficulties of tax collection, so the constitution of insurance tax law has been perplexing the tax policy ruler.The So-called insurance tax law system can be defined as the all kinds of tax law pandects in a one country or district which that makes the tax law regulations as a basis form to rule the insurance activities. Many western countries make tax systems perfect to irritate the domestic demand of insurance product, to promote the social welfare, and to strengthen the insurance industry and to develop following the international direction. Although china has great potential insurance market, as overweight revenue burden always impresses and restricts insurance companies' developments, its insurance industry is still at the beginning development stage and has no more competitive advantages. After joining WTO, the insurance industry in china opens completely and many overseas insurance companies enter our insurance markets to compete. That is to say, the insurance industry in our country is confronted the chance and as well as the challenge. In this way, it's important to study how to build up and perfect the system of insurance tax law to accelerate the development of insurance industry.This article can be divided as the following three parts:First chapter of this thesis discusses the current situation, actual problems and the reasons in the tax law system in our country. For finding out the important problems which needed to be solved seriously in the insurance tax law legislation and design, this part begins from the reform history and the current situation of the insurance tax law system in our country, and then analyzes the causes based on summarizing the problems lying in the insurance tax law system.Second chapter introduces and analyzes the foreign insurance tax law system and concludes its enlightenments to our country. With the stepped-up assimilative trend and the increasing international contact of the world insurance economic development, some macroscopic regulations and control policies and monitor measures also need mutually promoting, and the constituting of tax law in our country can't be isolated from the others, in a word, the mutual use for reference is necessary. This part choose several major categories of taxes to make a comparison from the tax law criterions of insurance of UK and US which insurance grows very well in the developed countries, and Australian with the similar experience of insurance development of our country, and Japan in Asia., then analyzes the differences between their taxpayer, tax items and tax rate and so on. The author also summarizes the differences of tax burden between the life offices and non-life insurance companies, and preferential tax policies in these countries that only be applied to special insurance products and buyers and beneficiaries and small insurer etc.Third chapter of this thesis advances the countermeasure and suggestion about the construction of tax law system in our country. In this part, the author first puts forward the statutory principle of taxation, the equity principle of tax law, and the efficiency principle of tax law should be followed by in the constitution of insurance tax law system in our country. Being directed against the problems lying in the insurance tax system in our country, based upon the aims and principles of tax regulation and control, using the foreign experience for reference, the author propose the following three tentative plans as far as the legal perfections about insurance tax:(1) Choose adaptable legislation fashions about insurance tax law and continue perfecting the relative rules;(2) Perfect the actual tax law and regulation about insurance industry;(3) Execute the law about insurance tax in our country more effectively and more efficiently.