Legal Research On Bank Information International Exchange System

Under the background of economic globalization and integration, the banking industry developing rapidly. And also the electronic technology progress significantly. However, these created the conditions for multinational taxpayers to avoid tax behavior. In order to use the tax resources effectively, safeguard the country’s tax revenue, improve the ability of tax authorities of tax collection and administration and hit the tax evasion, the Banks must be strengthened in the field of tax information exchange.The traditional bank secrecy system is very strict. This is because the bank information contain the taxpayers’financial privacy and the bank secrecy system is perfect or not has an directly effect on the development of the banking business. The bank secrecy system is too strict to international tax cooperation. So basing the interests of the national tax, most of the countries gradually relax the banking secrecy obligation and strengthen the international bank exchange of informationOn the basis of the fully understanding of the international tax information exchange system, this paper focus on the developments of bank information exchange and analyzes the conflict and coordination between the bank information and bank secrecy obligation. Through summaries the OECD’s contributions and combining with foreign bank new way of exchange of information, the author put forward her own ideas to consummating our country bank information exchange system.This paper is divided into four chaptersFirst chapter briefly expounds the international tax information exchange system from the role of tax information exchange, legal basis and the way of exchange, etc. At the same time, this part introduces the concept and characteristics of bank information, lays a solid foundation for the following discuss the conflict and balance between the bank information and bank secrecy obligations.The second chapter mainly analyzes the bank secrecy system and its exception. Starting from the the UBS case, the author discusses the different practices of the United States and the European Union in maintaining balance between the bank confidentiality obligations and bank information exchange system The third part is about the efforts of OECD in promoting the development of exchange of information system and the new practices in the field of bank information exchange by the national tax authority.Based on the situation of our country, Chapter four discusses how to improve our country bank information exchange system in order to hit the tax avoidance and evasion behavior, so as to promote international tax cooperation between China and other countries.