Research On The Legal Regulation Of Fiscal Subsidy

As an important form of financial expenditure,fiscal subsidy is essential.It is related to the survival and development of individual and enterprises,related to the fair competition between the market subject,and also related to overall well-being.It is necessary to control how much and whom the government will subsidize,as well as to ensure fiscal subsidy running legally.Only through the law,the legitimacy of subsidy and substantive justice can be achieved.Fiscal subsidy is currently falling into chaos.It is absolutely essential to define the legitimacy of subsidy through the principles of fiscal subsidy,including the principle of rule of law and the principle of proportionality,to avoid the arbitrariness of subsidizing.The subsidy implementation is lax,full of the power corruption,so the security of funds is difficult to protect.At the same time,it is difficult to affix the responsibility effectively to the illegal subsidy.To improve the legal regulation is vitally necessary and urgent.This article discusses the above subject as follows.Based on the legal connotation of fiscal subsidy,this article investigates the operation status of fiscal subsidy in this country,and shows some problems in subsidy setting and implementation,which proves the insufficiency of existing legal regulation and the necessity to perfect corresponding system.Then,this article puts forward the purpose of the subsidy and the legitimacy of its existence.And the article argues for the principle of rule of law and the principle of proportionality as two basic principles that must be followed.The article rethinks the subsidy setting,the implementation,and the supervision institution,combined with the two basic principles,and considers following measures to regulate the subsidy.Firstly,we should pay attention to the authority control,as well as the scope,methods and standards setting.Secondly,we should strictly verify subsidy qualification,disclose relevant information and establish opposition process for stakeholder to improve the procedural regulation.Finally,we should improve the subsidy regulatory system by means of the budget supervision,subsidy assessment and investigating law breaker's responsibility.