Journal of Jiangxi University of Finance and Economics ›› 2014, Vol. 0 ›› Issue (01): 556-.

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On Tax Legislative Power Return from the Perspective of Tax Statutory Principle

YI You-lu1, LI Ting2   

  1. (1. Jiangxi University of Finance and Economics, Nanchang 330013;2. Jiangxi Transport Management Institute, Nanchang 330038, China)
  • Published:2021-01-21

Abstract: Tax statutory principle is the theoretical basis and the logical starting point of the problem of tax legislative power return. To include the principle in the Constitution is the only way to achieve the return of the tax legislative power fundamentally. Before the abolition of tax legislation in authorized decisions and achieving the tax statutory principle included in the Constitution, to insist on legal reservation and strictly limiting tax delegated legislation is a realistic path to achieve the return of tax legislative power. After the abolition of the tax legislative authorized decisions, the tax statutory principle should be followed to deal with the relationship between the legal reservation and tax authorized legislation. After the return, the exercise of tax legislative power should follow the equity principle and democratic principle.

Key words: tax statute; tax legislative power; legal reservation; delegated legislation