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This thesis is based on tax-law-relevant Judicial Yuan Interpretations published till now, divided in to three period "Conservative Interpretation Period" (1948-1985), "Reformation Period" (1985-2003) and "Steady Development Period" (2003-2016), to analyze the development and evolution of the Interpretations in substance, procedure, remedy and penalty dimensions of tax law system. And based on the preliminary findings, this thesis will discuss the social context of the Interpretations, and the relation between composition of Justices and the Interpretations, and the development and evolution of the meaning of the Principle of Statutory Taxpaying and the Principle of Equity under the Interpretations, and their constitutional review.
In the Conservative Interpretation Period (1948-1985), the tax-law-relevant Judicial Yuan Interpretations mainly handled the issues raised from the land policies and new laws, reflecting the background that the government re-located to Taiwan and implemented numerous new laws and new policies. With a more conservative attitude to guard authority of the government, the Interpretations played role in sorting the in this period tended to take. Despite with limited rectifying function, the Interpretations still had achievements as sorting the chaos tax systems.
The Interpretations in the Reformation Period (1985-2003) reformed and adapted the tax system to the new society which just relieved from the coercion: they implemented Principle of Statutory Taxpaying, Principle of Fair Taxation and Principle of Proportionality to tax measures taken by taxing authority e.g., tax benefits, tax estimation and cooperative obligation measures, and accelerated revolution of recheck regulations by declared they are unconstitutional.
In the Steady Development Period (2003-2016), the tax issues in the Interpretations are more multivariate, expressing the multiple value promoted under the democratic society. With higher proportion of unconstitutional declaration, Taxing Principles further integrated into the tax system.
Overall, the Interpretations has developed constitution review model of Principle of Statutory Taxpaying and the Principle of Equity. For Principle of Statutory Taxpaying, in the Reformation Period, its meaning under the article 19 of the Constitution and its review standards for tax executive orders and interpretations of the Ministry of Finance was built up. As to Principle of Equity, its meaning under Article 7 of the Constitution and review model has been developed until Steady Development Period (2003-2016). |