税的本质探析

税的本质应为无对价的公法之债。作为纳税人全体的人民是债务人,其纳税后有权请求作为债权人的国家提供公共产品;而作为整体和抽象意义上的国家是实质债权人,它在向人民提供公共产品后,有权请求作为债务人的人民以纳税的方式偿付享用公共产品应当支付的费用和价格。税之债说为迄今的法律学上所一向忽视的“公法上的债务”这一领域带来了光明,它赋予税法以崭新的地位和体系变为可能。

An Exploration on the Substance of Tax

The substance of tax is non-consideration debt in the public law. The people as the whole of the taxpayers are the debtors who are entitled to ask the government as the debtee to provide public goods when they have paid for the taxes. While the government is the substantial debtee who can legitimately request the people as the debtors to pay in way of taxpaying for the expenses and prices of the public goods they have enjoyed when it has provided public goods to the people. The theory assuming tax as debt casts light on the field of "debt in the public law" which has long been ignored in the legal science, and makes it possible to endow tax law with new positions and systems.