Tax Law Enforcement Risk Analysis And Legal Control

With the through development of economic and social and tax administration by law,The two sides of tax collector and payer further defined rights and obligations, Citizens’ legal awareness and tax payers’right protection consciousness are becoming stronger,tax payer and all people ask for law-based administration to the tax authority more stronger. Each administrative departments’ supervise to law-based tax collect is more strong too. Taxation cadres be held liable cases increased year by year.How to avoid and control the risk occurs,Maintain tax authority of the image, protect the legitimate interests of tax staff,To avoid to cause the social contradiction and problem, has become the new situation, the taxation organs at all levels and the vast majority of tax cadres and the course of their duties must seriously study the solution important topic.This paper introduces the concept of risk management to the tax administration law enforcement process, and from the legal angle elaborated how to guard against and avoid the risk of tax law enforcement. The article is divided into four parts:The first part: the tax law enforcement risk overview.This part elaborated the tax law enforcement risk concept, meaning, features and bear the legal consequences. Tax law enforcement risk once formed, will cause the enforcement act invalid, law enforcement responsibility, administrative responsibility and criminal responsibility.The second part: the tax law enforcement risk form of expression.Usually two categories, one is the tax revenue drains, including law enforcement is lax, be forgetful of one’s duties, bribery, play favouritism and commit irregularities.Two is the damage of tax administration relative people’s legitimate rights and interests, including law enforcement authority, breach of privilege, illegal procedure, based on the error, execute the law tort.The third part: the main source of tax law enforcement risk.Is mainly the taxation authorities and taxation cadres of the concrete and abstract administrative acts as well as the external environment of tax law enforcement.The fourth part: the legal control of risk in the enforcement of tax law.From the tax legislation, tax law, tax law and tax relief of internal supervision and external environment, prevention and control.