Our Government Vertical Fiscal Transfer Payment System Research

In the process of legalization in our country, the relationship between citizens and governments is not only revenue, but also is expenditure. And the citizens have their rights to understand how the governments use the transfer payments reasonably, scientifically and transparently. The legal studies of financial vertical transfer payments institutes based on above stated, which aims at making the system of the vertical transfer payments more institutional and normative in order to perfect the institute.Based on the realities of vertical transfer payments, the paper analyses how the central and local governments use the funds of vertical transfer payments in the legalization. And it also explains current legislation situation of the vertical transfer payments. In the purpose of sufficient demonstration, the paper applies the theory of the public choice and economic analysis of law to state deeply.The paper uses the theory of legal relation to analyze the legal subjects, legal objects and the legal contents which concludes the rights and responsibilities of the legal subjects in the process of vertical transfer payments.The last part of the paper gives us four suggestions to perfect vertical transfer payments legal system. First of all, we should speed up drafting transfer payments law. Secondly, we could learn other countries good experience respect to transfer payments model. Thirdly, vertical financial transfer payments system solution mechanism should be put into legalized track. The last one, other supporting systems of vertical financial transfer payments should also be timely established.Above stated, vertical financial transfer payment legal system is not only the embodiment of legal relationship between the central and local government, and it has the necessary to realize the constitutionalism.