英文摘要
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The principle of interest balance applied to tax law is a new tentative research method of jurisprudence.
The principle of interest balance on tax law is to achieve the goal that while national interests, public interests, stakeholders' interests and taxpayers' personal interest all being respected, the interests of both sides of tax collectors and taxpayers and other different stakeholders can be treated fairly (interests equilibrium or interest balance), in order to create a win-win situation.
The thinking of interest balance can be widely applied at the stages of tax legislation (policy or legal impact analysis), tax law interpretative application, taxation factual identification, tax evasion penalty and law enforcement, furthermore on tax affair dispute handling. All of the above mentioned affairs could be put into the process of interest weighing, in order to balance different interests of each and every side. Especially about the resolution of tax law problems, by taking the perspective of interest balance, the goal of taxation justice and fairness can be achieved.
Because tax law is strictly dominated by the axiom that no new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe, the application of interest balance on tax law should not contradict the above axiom and should conform to the rules of constitution, laws, and general legal principles. Besides, it should go on within the confines of the interpretation and application of tax law (legal vacancy filling).
Interest balance affords us a ”middle way” model on tax law. It is beneficial to every one and fosters such a perfect and harmonious payoff that both sides of tax collectors and taxpayers and even the third party all win.
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