Fiscal Transfer Payment System Legislation

In recent years, the fiscal transference payment pattern has been widely used in public finance system. The writer, in this paper, will mainly compare the fiscal transference payment system abroad with that in China, try to draw some support from foreign experience and inquire into the basic framework of Chinese legislation on fiscal transference payment. The specific contents of this essay are as follow in brief:Narrowly speaking, the concept of fiscal transference payment means that our governments at all levels, under previously established framework of functional power, payment responsibility and taxation differentiation, legally make some mutual transference of financial funds in order to realize the mutual financial balance. To be more specific, the main research objective of this paper is to be constricted in the intergovernmental fiscal transference payment.The Fiscal Transference payment Law is the general characterization of legal provisions that regulate relevant social relations set up during the course of fiscal transference payment.In the first part of the essay, the writer puts some emphasis on the comparison and analyze of fiscal transference payment in civil law system and common law system respectively. The author makes her conclusion that fiscal transference payment system in many countries has reached a fairly high legal level, which also stands for the development direction and tendency of fiscal transference payment system in the future world.In the second part, the author will point out some current problems of the system in China. For one thing, the dividing line of functional power between higher and lower governments is unclear, the method of fiscal transference payment seems to be redundant and its structure is unreasonable. For another, the existence of previously gained interests of various places has seriously deferred the reform on the legal system of fiscal transference payment, under which circumstance the legislative level of fiscal transference payment has been too low. For still another, it has been very difficult for current statistical system to obtain much statistical data and relevant legal system of evaluation and supervision oh fiscal transference payment has not been established nowadays, which has made the employment process of fiscal transference payment funds lack effective check and restriction. Allabove problems have made it necessary for legislative organ to establish and improve the fiscal transference payment law and other legal provisions concerned as soon as possible. Only in this way, can we overcome the current blindness and arbitrariness and make the goal of social equalization service come true.In the third part of the essay, the writer mainly brings forward her own points of view on improving our current legal system of fiscal transference payment. She believes that the legal system of fiscal transference payment includes the special law of fiscal transference payment and legal provisions about specific fiscal transference payment. The special law of fiscal transference payment mainly refers to some fundamental issues of fiscal transference payment, such as concept, regulation object, principles, purposes and supervision system, etc. Its main manifestation form can be special Fiscal Transference Payment Law and other relevant legal provisions in basic financial taxation laws, like budget law and taxation law, closely concerned with fiscal transference payment. Legal provisions about specific fiscal transference payment shall regulate those fiscal transference payments for typical public products including agriculture, compulsory education, environmental protection and social safeguard measures. Its manifestation form can be some administrative legal articles, such as Agricultural Fiscal Transference Payment Means, Compulsory Educational Fiscal Transference Payment Means, Environmental Protection Fiscal Transference Payment Means and Social Safeguarding Fiscal Transference Payment Means,The aim of doing some research on fiscal transference payment is to analyze and improve our own legislation on fiscal transference payment, trying to find solution method to those practical problems of fiscal transference payment and arouse our friends in legal science field to attach much importance to the legal system on fiscal transference payment which is sill in its early beginning phrase. As such, we can promote the real significance and theoretical value of the legal system on fiscal transference payment to a higher level. The novelty point of this paper is that the author, through the analysis of current status of fiscal transference payment in China, initially brings forward the legislation framework on FiscalTransference Payment Law and her own suggestions on modifying relevant laws.