Intergovernmental Fiscal Transfer Payment System For Legislative Issues

Because of specialization, public finance has seldom been touched by traditional scholars. However, it is an important field manifesting the spirit of rule by law. In effect, finance is directly related to the execution of public power and the protection of nationals'basic rights, which is essentially a problem of the Constitution. The intrinsic quality of the Constitution is the separation of power, including that between government and citizen as well as that between government organizations themselves. The power or right of finance, which holds the wealth of the society, is the main part of power separation determining government's width and depth of providing public service for citizens. In practice, government can be divided into several parts. Therefore, in order to make checks and balances on government's power governing between public affairs and public finance, we should follow the principle of fiscal legitimacy to make it clear and definite on law.Government's fiscal transfer payment, which has already been an important characteristic in many countries' public finance, is playing more and more a significant role in balancing the finance situation among different areas and the promotion of equalization in public service. In order to set up a harmonious society, China is going all out to solve the social problem of unfair and narrow the gap between the east and the west. Thus, it is dispensable and urgent for the government to fasten the legislation on fiscal transfer payment in line with the socialist market economy. On the basis of absorbing in some advanced experiences from the developed countries, the author tries to analyze the fundamental theories and jurisprudence of fiscal transfer payment and then give some advice on it.