Research On Financial Derivatives Tax Law

The development of financial derivatives has not only caused the profound changes in financial market, but also impacted on the relevant legal system. When taxation is existed both for the financial needs and Macro-controlling tools of the country, its adaption to the continuous development of financial derivatives has become an important component of financial legal system. The taxation legal system reformation has started since 1994, but the financial derivatives tax law is still far from a reasonable and effective legal system. Therefore, this thesis interprets the relationship between financial derivatives and tax law, investigates on the principles for legislation of financial derivatives, and it contributes the important theoretical and practical significance for taxation legal system.Having the overview of the researching situation we can find a large percentage of investigation on a specific financial derivatives, so many scholars paid their attention to the design of taxation, by using the quantitative analysis. In this moment, the purpose of this thesis is to perfective the financial derivatives tax law system by using the viewer of rights and obligations, focuses on the basic theory of tax law based on a summary of discussions from the macro level, as well as the analyses of our current legislation.The thesis discusses the financial derivatives tax laws, in method of overall uphold "what why and how", mainly research on "why does financial derivatives need tax law regulation" and "how to improve financial derivatives tax regulation" these two tax legal problems.Based on the introduction of the related concepts, the thesis begins with the famous financial derivatives case "Cao Case" in Chapter one, in order to approve the necessary of tax law regulation for financial derivatives.Chapter two based on the legal domain into financial derivatives tax analysis, including the use of public goods theory and the macroeconomic regulation theory. This part of research focuses on the adjustment of tax regulation which has impacts on the development of financial derivative, as well as the answer to "why does financial derivatives need tax law regulation".Chapter three follows this argument, turn to the research of our current tax law of financial derivatives, and complete the summaries of Chinese financial derivatives tax law, as well as the answer to "how is it going". Finally, the solutions of how to improve financial derivatives tax regulation result from the analysis.Meanwhile, the writing methods of this thesis is variable, including the jurisprudence of empirical analysis in economics, the analysis of comparison, the literature method, inductive method, historical analysis and other methods of writing. In writing the case, the thesis uses jurisprudence of empirical analysis in economics; in researching the adjustment of tax regulation which has impacts on the development of financial derivative, the thesis uses historical analysis and literature method. In writing suggestions, the thesis prefers to comparative analysis and inductive method. The examples of research results are mentioned in the whole thesis.The limitation of this thesis is that I just focused on "why does financial derivatives need tax law regulation" and "how to improve financial derivatives tax regulation" these two tax legal problems, the "tax collection" and "tax jurisdiction" haven't been researched due to the limitation of my research ablity.