The Study Of Soft Law Governance In Global Tax Governance

The development of economic globalization has brought new impacts and challenges to the established rules in the international field.The globalization of the value chain has exposed the shortcomings of the existing international rules in regulating the behavior of international entities.As a result,international tax governance has entered the stage of global governance.In the field of international taxation,there is not a unified "international tax law" to regulate the tax behavior of international subjects.Compared with hard law,soft law is more suitable to regulate the behavior of international tax field.However,whether the emergence of soft law will have an impact or even conflict on the independent principle of tax sovereignty of sovereign countries has become the focus of discussion in academic circles.Therefore,it is urgent to discuss the relationship between the measures of soft law governance in global tax governance and the independent principle of tax sovereignty,so as to provide an important reference for sovereign countries or regions to adopt what kind of attitude towards soft law in the field of international taxation,and how to formulate the rules of domestic tax law.G20/OECD has launched an action plan to combat tax base erosion and profit transfer(hereinafter referred to as "BEPS Action Plan"),which is a typical case of soft law governance in the field of international taxation.Through the establishment of a series of standards and requirements in its 15 action plans,it provides guidance for governments to formulate corresponding tax policies and is committed to taxing profits in places where profit-generating economic activities and value creation are carried out.In the fifth action plan,by setting the standard of substantive activities,it sets the obligation for the participants,that is,the enterprise’s activities must meet the substantive standard before the state can give it preferential tax policies.The introduction of the BEPS Action Plan provides guidance for solving these problems.Under the economic background of affecting the whole body,in order to protect their tax base and tax interests,most countries in the world have modified their tax policies according to the BEPS action plan,or formulated tax policies that meet the requirements of the BEPS action plan.However,whether the adoption of these actions is a compromise made by national tax sovereignty to soft law governance,whether there are problems with the soft law measures in global tax governance,and whether our country can learn useful experience from the practice of other countries or regions,these are all issues that need to be considered urgently in the context of the globalization of the value chain,in order to provide guidance for China’s new tax legislation in the future.This paper mainly makes a theoretical and empirical analysis on the comparison between hard law and soft law,the soft law governance in global tax governance and the concept and relationship of the independent principle of tax sovereignty through the methods of literature research,comparative research,theoretical research and empirical analysis.Through the analysis of the mainstream views and the focus of debate in academic circles,the author has a clearer identification of the nature and function of soft law,and then expounds the reasons why the author thinks that soft law is binding.At the same time,through the comparison of soft law and hard law,it makes clear the advantages and appropriateness of soft law compared with hard law in global tax governance.Based on the above viewpoints,the author further discusses whether the binding soft law in global tax governance will have an impact on national tax sovereignty.Through theoretical and empirical research,this paper holds that the global soft law governance in the field of taxation does not conflict with the principle of independence of national tax sovereignty.The former does have a certain impact on the latter,but the realization of the latter is still unconditional and unlimited.The author also confirms the above point of view by combining the changes of domestic tax legislation of several representative countries before and after the introduction of the BEPS action plan.Through the above theoretical research and empirical analysis,and combined with the national conditions of our country,we can provide reference and reference for our country to formulate the tax policy to attract multinational corporations to establish regional headquarters at the present stage.But at the same time,the author also notes the limitations of some soft law measures in global tax governance represented by the BEPS Action Plan.In order to provide better guidance for countries and regions,these problems in soft law governance also need to be solved urgently,so as to create more powerful conditions for the balanced distribution of global tax benefits.This paper is mainly divided into three parts.The first one is introduction,which discusses the research background,research value and significance,research methods,the main literature referenced in the writing process and the structure of this paper,which is the research background,research value and significance of the argument "there is a compatible relationship between soft law governance and tax sovereignty principle in global tax governance".The second one is text.The text is divided into four chapters.The first chapter is the theoretical analysis of the argument of this paper.First of all,several important concepts in this paper are explained and analyzed,including what is soft law,what is hard law and what is the independent principle of tax sovereignty.After expounding the relevant concepts,the author compares the difference between hard law and soft law,explains why soft law has greater advantages in global tax governance,and further analyzes the relationship between soft law and the principle of independent tax sovereignty.And draw the argument that the two are compatible.The second chapter of the text is an empirical analysis of the argument of this paper.The second chapter selects several representative countries and regional organizations,compares their tax legislation changes before and after the introduction of the BEPS action plan,and confirms the argument of the relationship between soft law and the independent principle of tax sovereignty in the first chapter.The third chapter synthesizes the analysis of the theory and practice of the previous two chapters,explains the problems existing in the soft law governance measures in the current global tax governance,and puts forward the improvement path combined with practice.The last chapter of the text falls in China,which not only analyzes the impact of our country after the introduction of the BEPS action plan,but also compares the shortcomings of our country in attracting multinational corporations to establish regional headquarters with other countries,and finally puts forward feasible suggestions for the development of our country.The conclusion part of this paper is a summary and summary of each part of the previous article,and also sublimates the argument of this article,that is,precisely because soft law governance and the principle of tax sovereignty are compatible,our country should grasp this relationship even more.play a greater subjective initiative in global tax governance,actively participate in it,and strive for more voice.At the same time,we should also strengthen exchanges with other countries or regions,not only learn from the excellent practices of other countries,but also avoid repeating the mistakes of other countries.