Research On The Legal System Of Securities Taxation

The securities market is an important part of market economy. The development and flourish of the securities market are very important performances of the market economy. Tax is an important external environment of the development of securities market, also a vital means of state macro-control. With the development of reform and opening and the implementation of the strategy of governing the country by law, tax law is becoming an objective need to the healthy development of securities market and a main theme of tax administration nowadays. In order to guide and regulate the securities market of China to healthy and sustainable development, we must establish and perfect the legal system of securities taxation, and formulate a reasonable law of securities tax. This article aims to analyze and research the legal system of China's securities taxation, and finally provides a legislative reference for the healthy and stable development of stock market.This paper starts with a general analysis about the legal system of securities tax, and then introduces the advanced legislative experience about legal system of securities taxation of the United States and Japan. In succession, the paper analyzes the present situation and the deficiencies of China's legal system of securities taxation, and finally provides suggestion to perfect China's legal system of securities taxation.The first part is a general analysis of legal system of securities taxation. The author introduces the definition, basic features and functions of securities taxation. Regarding on the legal system of securities taxation, the author sets forth its definition, content and features. Based on this, the paper analyzes the theoretical basis of securities taxation from two angles of the regulation and control of taxation and the equality of taxation.The second part is the international comparison of the legal system of securities taxation and its revelation. This part mainly analyzes the legislative situation and the specific provisions of securities taxation in America and Japan. On this basis, the writer summarizes the advanced experience overseas of the legal system of securities taxation, and provides reference for the perfection of China's legal system of securities taxation.The part three researches the present situation and deficiencies of China's legal system of securities taxation. The author analyzes the general situation of China's legal system of securities taxation and the specific provisions of the securities taxation legislation from the level of legislation. Based on this analysis and referring to the advanced experience of the United States and Japan, the writer points out the major problems of China's legal system of securities taxation.The part four is to perfect China's legal system of securities taxation. With regarding to the legislation, the principles of statutory tax can be written into the Constitution, and China should enact the basic law of taxation. And under the guidance of Constitution and the basic law of taxation, we should insist on the combination of establishment, amendment and abolishment and regulate the legal system of China's securities taxation in order to perfect the legal system of China's securities taxation.On the other hand, we should take measures to perfect the legal system of the collection and management of China's securities taxation.