Study Of The Legal System Of Stamp Duty On Securities Transactions

From May 30, 2007 the Securities and Exchange adjustment of the rate of stamp duty, the stamp duty on securities transactions in the securities market in China has become a hot issue. It reflects that as China's securities market constantly growing, how to regulate the securities market has become increasingly prominent. Taking May 30, 2007 "stamp duty incident " as an introduction, my article discusses in administrative law perspective the problems in China's legal system of stamp duty on securities transactions, and make propositions, with a view to enable China's securities tax system has been further standardized.By three parts, the first is the introduction, through May 30, 2007 incident of stamp duty, put forward the problems this paper will study. China's current taxation of the securities markets, mainly in the stamp duty on securities transactions mainly, without the introduction of capital gains tax, inheritance tax and gift tax, and other taxes relating to the securities markets, the Stock Exchange and the Securities bequest in such acts no corresponding tax adjustment. Stamp duty on securities transactions to a certain extent, other types of taxes has become the alternative tax has been given multiple policy objectives. China's current market economy in the less developed, the rule of law and the background level is not high, stamp duty on securities trading system, in particular the determination of rates and the adjustment process more scientific and it is difficult to guarantee stability, the relative impact on the people's confidence in the securities market, interference the healthy development of the securities market. This is what this paper is to study the problem.The second part of the stamp duty on securities transactions and the basic concepts of administrative law; of China's legal system stamp duty on securities transactions, summed up of China's legal system stamp duty on securities transactions nine aspects of the defects, and further analysis of the defects caused nine The main reason is because the concept of system design deficiencies, lack the credibility of the system design, and the securities market and the nature of the conflict in our distribution system, the effect of the tax revenue target of investors, as well as awareness of the law needs to be raised in order to resolve the issue securities tax system may find a breakthrough.The third part is a conclusion, according to the analysis of the above reasons, proposes my solutions to improve stamp duty on securities transaction as the main revenue of China's securities taxes legal system.