我国税收犯罪的状况、原因和治理对策

当今中国的税收犯罪现象严重,表现为犯罪率上升、偷税现象严重、发票犯罪危害大等几个领域.究其原因,既因纳税意识薄弱,也由于税收制度、征管方式和执法力度等方面存在的漏洞.针对这种状况,需要加强制度建设和宣传,完善税收体系,健全征管方式,也需要加强对税收犯罪的打击.     

论税权二元结构及其价值逻辑

目前学界关于税权概念存在着一些争拗,而税收债权论和社会契约论的引入和运用,有助于对税权内涵及其本质的深层解构。显然,税权作为国家税权力与纳税人税权利的统摄,并非仅仅是一种语义上的概括,而是税权力与税权利互为债权债务关系表里的必然,其主体不仅包括行使税权力的国家,还包括授权国家行使税权力的纳税人,而且始终以保障纳税人权利的良好实现为依归。本文试图运用税收债权债务论和社会契约论来分析税权的概念和内涵,澄清税权的外观结构与内在本质,进而揭示宪政语境下税权结构生成的价值逻辑。     

A BETTER BEGINNING: FAMILY LAW IN THE FIRST YEAR OF LAW SCHOOL

The American Bar Association's Section of Legal Education and Admission to the Bar's Standards Review Committee has focused law schools' efforts to modify their curriculum with an appeal to focus on outcomes and assessments. A cornerstone of the outcomes and assessments discussion is skills training. The committee's call for more skills training has prompted family law faculty to consider innovative methods to bring that training into substantive courses or to bring the substantive curriculum into a skills course. This essay discusses how law faculty are incorporating family law doctrines into first‐year legal research and writing courses.     

Understanding the notion of risk in the General Data Protection Regulation

The goal of this contribution is to understand the notion of risk as it is enshrined in the General Data Protection Regulation (GDPR), with a particular on Art. 35 providing for the obligation to carry out data protection impact assessments (DPIAs), the first risk management tool to be enshrined in EU data protection law, and which therefore contains a number of key elements in order to grasp the notion. The adoption of this risk-based approach has not come without a number of debates and controversies, notably on the scope and meaning of the risk-based approach. Yet, what has remained up to date out of the debate is the very notion of risk itself, which underpins the whole risk-based approach. The contribution uses the notions of risk and risk analysis as tools for describing and understanding risk in the GDPR. One of the main findings is that the GDPR risk is about “compliance risk” (i.e., the lower the compliance the higher the consequences upon the data subjects' rights). This stance is in direct contradiction with a number of positions arguing for a strict separation between compliance and risk issues. This contribution sees instead issues of compliance and risk to the data subjects rights and freedoms as deeply interconnected. The conclusion will use these discussions as a basis to address the long-standing debate on the differences between privacy impact assessments (PIAs) and DPIAs. They will also warn against the fact that ultimately the way risk is defined in the GDPR is somewhat irrelevant: what matters most is the methodology used and the type of risk at work therein.     

Comment on Andrew S. Carron and R. Dan Brumbaugh,Jr.’s “The viability of the thrift industry”

Abstract

Krueckeberg summarizes Hernando de Soto's premise on property rights and offers a critical interpretation of de Soto's work, arguing that it emphasizes efficiency over equity and, ultimately, that enhanced property rights alone are unlikely to significantly improve housing stability or access to capital for households living in informal arrangements. I clarify several of Krueckeberg's discussions of de Soto's ideas from the perspective of the Institute for Liberty and Democracy (ILD).

The ILD perspective, informed by de Soto's writings, contrasts with Krueckeberg's in the following five areas: access to utilities and services in squatter settlements, the criminal nature of these communities, the ability of the poor to fulfill the responsibilities of formal ownership, their ability to borrow against formally owned property, and the impact of formalizing property on rental housing. I close by considering how the ILD perspective on formalization might be brought to bear in the United States.     

The preservation needs of public housing

Abstract

The paper examines the preservation needs of public housing from the perspective of its physical condition and its ongoing repair and replacement needs. It begins by examining the range of needs that exist today, including the level of expenditures that would be required to put the stock in working order to meet existing codes, and to ensure the long‐term viability of the development. It then explores the level of expenditures that would be required on an ongoing basis to keep the stock in good repair and to meet future capital and preventive maintenance needs. The final section addresses several important policy issues, including overall funding requirements, the cost‐effectiveness of preservation efforts compared with vouchers and new construction, the special problems of troubled public housing authorities, and the need to establish stronger incentives for capital planning.     

The changing geography of metropolitan opportunity: The segregation of the poor in U.S. metropolitan areas, 1970 to 1990

Abstract

This analysis uses census tract data to measure the segregation of the poor in U.S. metropolitan areas in 1970, 1980, and 1990. Two measures of segregation are used: the indices of dissimilarity and isolation.

In 1990 the mean dissimilarity of the poor in the 100 largest U.S. metropolitan areas was 36.1, which is substantial but below the 60.6 dissimilarity of blacks. The 1990 isolation of the poor was 21.0. From 1970 to 1990, the dissimilarity of the poor increased by 11 percent, and the isolation of the poor rose by 9 percent; in contrast, racial segregation declined. Exploratory regression analyses reveal that income segregation in metropolitan areas was significantly greater in 1990 and increased more from 1970 to 1990 in the Northeast than in the South and West. Midwest areas generally were not significantly different from Northeast areas in 1990 segregation levels or in changes from 1970 to 1990.     

The Low‐Income Housing Tax Credit An Analysis of the First Ten Years

Abstract

The Low‐Income Housing Tax Credit (LIHTC) has been the de facto federal rental housing production program since its creation in the Tax Reform Act of 1986. In this article, using a detailed database on 2,554 LIHTC projects, we analyze the costs of building these projects, where they are built, their financial viability, whom they serve, who finances them, and the size of the subsidies provided to them.

The LIHTC is a flexible program that has built different types of housing in various markets. While LIHTC projects serve low‐ and moderate‐income households, their rents are beyond the reach of many poor households without additional subsidy. Revenues just cover costs for many LIHTC projects. Over time, considerably more of each tax‐credit dollar has ended up in the projects, and returns to equity investors have dropped significantly, perhaps reflecting an increased understanding of project risks. We estimate that LIHTC projects developed by nonprofits are 20.3 percent more expensive than those developed by for‐profits.     

Comment on Steven C. Bourassa and William G. Grigsby's “income tax concessions for owner‐occupied housing”

Abstract

Federal income tax deductions for mortgage interest and property taxes are defensible on grounds of both economic efficiency and the social benefits of homeownership. Homeowners should be treated as landlords renting to themselves; as such, they benefit because they do not pay a tax on the imputed rental income they receive, while rental property owners do. Both receive deductions for mortgage interest and property taxes, and both should.

The mortgage interest deduction generates symmetry between debt and equity financing of a home; if interest were not deductible, those whose income derives largely from property would have an advantage over those whose income comes from labor. Because workers would be disadvantaged, repeal is unlikely to generate the revenues Bourassa and Grigsby expect or modify the distribution of the tax burden in the way they favor. Finally, the deductions promote homeownership, which is socially desirable.     

The Tax Reform Agenda in Australia

This paper applies concepts developed in the Policy Agendas Project (PAP) literature to an analysis of Australian tax policy over the post war period. It argues that a major turning point in the Australian tax policy agenda occurred during the second term of the Hawke Government (1984‐87). Beyond this turning point, and despite the fierce partisan conflict concerning tax policy over the past two decades, there has been remarkaly little difference between Australia's two major parties at the level of substantive policy content. The Australian tax policy agenda over the post war period can be characterised by remarkable policy continuity punctuated by a period of change in the mid 1980s when structural change in the international political economy precipitated unprecedented domestic liberalisation.