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Research on the Competing of Taxation Administration Penalties and Criminal Penalties

Author: ZhaoShengWei
Tutor: ZhangXu
School: Jilin University
Course: Legal
Keywords: Administrative penalty Criminal penalties Concurrence Coordination
CLC: D922.1;D924.3
Type: Master's thesis
Year: 2008
Downloads: 187
Quote: 1
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Abstract


In the tax law enforcement practice, tax payers tax illegal behavior because if the circumstances are serious and suspected tax crime composition, how to correctly handle tax administrative penalty and criminal punishment relationship? Merger is applicable or only by judicial organs impose criminal punishment or by the tax authority only impose administrative penalty? The current in the coordination of tax administrative penalty and criminal punishment relation have what problem? China should take what kind of coordination way? In this paper to the tax administrative penalty and criminal punishment competition causes, the field of competition analysis, in view of the current in the coordination of the relationship between problems and the insufficiency, combined with our country's law enforcement's actual situation, learning from the countries and regions law and practice, and puts forward the way to practice Chinese law enforcement coordination approach: first to establish tax administrative penalty cases related to the first principle, by the tax authority shall first be subjected to administrative penalty; Secondly the administrative penalty and criminal punishment for merger. Looking to the future, shall establish an independent taxation crime investigation agencies, straighten out the tax inspection deparment and tax crime ZhenZhaJu responsibilities, strengthen the tax case investigation dynamics, better coordinate and deal with good tax administrative penalty and criminal punishment relations.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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