The Perfection of the Taking-Over System of Our Commercial Bank
|School||Shandong University of Science and Technology|
|Keywords||special financial transfer payment legal institution the social right equity|
As an important part of public finance system, the special financial transfer payment system is the primary study field of finance and economics. The institution functions well to correct the market failure. However, different from the cost-benefit study model of economics, the science of law adopts the right-obligation study model on basis of the protection of individual rights. Therefore, the special financial transfer payment institution is not concerned with efficiency, but with the definition and protection of rights. The ideal principles of the institution lie in democracy, rule of law and equity.The special financial transfer payment institution in China is formed in the process of the institutional transformation from the planned economy to the market economy, which is the basic system to enforce social equity and achieve sustainable development. However, since the tax system reformation in 1994, the institution in China has many problems. They are as follows:low legal status, the imbalance of the powers and financial capacity between the governments, low transparency of the enforcement, imperfect model to distribute the fund and define the topic, the invalid control, and so on.On the basis of analysis and reference of the excellent institutions in other countries, we ought to perfect the special financial transfer payment institution from many aspects. First, we should draw up the basic law to define the institution in detail, in order to enforce social equity. Second, we should establish the basic legal principles of democracy and equity. The weaker, who is injured by institutional transformation, ought to have the right to participate in the decisive process to protect themselves. At the same time, the institution helps to enforce starting point fair by subsidizing the poor. Thirdly, we must make a clear division between the government power and financial power. The clear intergovernmental division makes the activities clear at all levels of government within the law framework. So it can quell disputes, and prevent the government from shirking responsibility for each other because of the fuzzy powers. It can achieve the goal of laying a foundation for the special system of transfer payments. Fourthly, we ought to establish the financial special projects and define the allocation standards scientifically and reasonably. Project settings should be typed at the level of the rule of law. In detail, they mainly relate to people’s livelihood assistance projects, such as the national minimum living guarantee projects, education projects, health projects, agricultural projects and so on. We can use the "factor method" instead of the "radix number method" to protect the reasonable interests by law. Fifthly, we should establish an independent financial regulatory body of the special transfer payment, to change the phenomenon of repeat funding, because the special funding policies come from different government departments. Finally, we must make sure a clear financial liability for illegal special transfer payment, and make it actionable, so as to perfect the logical structure of law rule.