落实税收法定原则是新一轮财税体制改革的重要内容,其重大现实意义在于为经济社会发展注入确定性。通过对税收法定政策文件落实情况的梳理与分析可以看出,近年来中国落实税收法定原则成效显著,“一税一法”逐步落实,税收法治理念渐趋深入人心。建议相关部门在统筹处理好中央与地方、政府与市场、税收立法与执法司法关系时,加快实现税收法定原则对现行税种的全覆盖,择机废止税收领域的“1985年授权立法”行为,推动税收立法权收归全国人大及其常委会,并不断创新立法思路和理念,推动税收法定原则在宪法层面得到确认。
<<The implementation of the legal principle of taxation is an important content of the new round of fiscal and taxation system reform. Its important practical significance lies in the construction of certainty and injecting certainty into economic and social development. The combing and analysis of documents focusing on the implementation of statutory taxation policies shows that China has achieved remarkable results in implementing the statutory taxation principles in recent years. The “one tax,one law” is gradually implemented,and the concept of taxation law is gradually gaining popularity. It is recommended that relevant departments speed up the realization of the full coverage of the current tax categories by the taxation statutory principles when coordinating and handling the relationship between the central and local governments,the government and the market,and taxation legislation and law enforcement. It is also advisable to abolish the 1985 Delegated Legislation at the proper time,and push forward the right of taxation legislation to revert to the National People’s Congress and its Standing Committee. Moreover,it is suggested to innovate legislative ideas and concepts,and promote the legal principle of taxation to be confirmed at the constitutional level.
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