Study On Improvements For China's Financial Expenditure Surveillance Legal Regime

The public finance is a sort of financial process through which a country, for the purposes of curing market failure and supplying public products and service, raises funds by tax and other means. In the process of financial revenue and expenditure, the government, at the central position of a society, assumes significant responsibility. Improper use and management of financial funds by government will affect the quality of public product and service and taxpayers' benefit. Under the presumption of rational"economic man", government and governmental officials tend to apply administrative power to benefit themselves, which give rise to the risk of deviating the allocation of public funds from the goal of public finance. Therefore it is necessary to constructing supervising mechanism for overseeing governmental financial expenditure.The overseas mature marketing countries' finance research results are already abundant. For the need of market economy development to public finance, researches of financial supervision are economics and the politics oriented, and the research of the rights and obligations in financial supervision from the perspective of legal science considerably lag behind. In China, the research of public financial supervision started comparatively later and more attention has bee given to taxing act in this field, which by nature is a prejudice of citizens' property. By contrast, the legality and reasonability of governmental expenditure have been neglected for a long time because of its feature of "Administrative Supply". In reality, unlawful uses of financial occur frequently. As a proof, the amount of money involved in such uses reported by audit office each year is astonishing. Under this background, the construction of effective financial expenditure surveillance legal regime is imperative. Therefore, this topic has the very important theory value and the practical significance.The author develop this thesis by the following sequence: First, introducing the basic concepts on the public finance expenditure surveillance, and seeking supporting theory for the public finance expenditure surveillance from economics, politics and legal science. Next, introducing the investment policy concerning the 4,000 billion investment scheme, finding out the various financial supervision problems in this scheme and contemplating the origins of those problems, such as lack of democratic culture in public finance issues and weakness in the finance supervision legal system. Finally, proposing improvements for China's expenditure surveillance legal regime following introduction of developed countries' experience in this area.Following this outline, the author of this thesis utilizes the following research techniques: First, induction and deduction method: conclusions are drawn from the financial supervision problems in the 4,000 billion investment scheme, from which the weaknesses in the finance supervision legal system are abstracted. Second, comparison method. Good and applicable theory and experience are borrowed from overseas countries by observing their finance surveillance law systems. Third, legal analysis method. Insufficiencies and conflicts are sorted out through analysis of China's legal regime, based on which amending principles are proposed.The innovation of this thesis is to reveal China's financial supervision problems against the background of the 4,000 billion investment scheme, which is different from the traditional logic sequence of analyzing this question. To present the 4,000 billion investment scheme as an example first is helpful to reflect clearly the problems in our financial expenditure supervision. Therefore we can act appropriately to this situation and consummate our supervising mechanism. Certainly, the article also has following insufficiencies: Limited by the theme, this article is only about the questions reflected in the 4,000 billion investment scheme and according solution. Some other possible questions existing in our financial expenditure supervising mechanism but not reflected by the 4,000 billion investment scheme are not discussed in this article. At the same time, supervisions regarding social intermediary organizations and political parties are not thoroughly discussed for the limitation of the length of this thesis.