防止地方政府虚假会计的研究——以日本未经授权的支出为例

Heon-sun Hwang
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摘要

国政中有国家利益、公平、常识,也有现政府提出的国政运营原则。宪政国家的“公平和常识”还包括坚持法治,即由国民的代表国会制定的法律公平地适用于所有公民。此外,法治应该与为国家运作提供财政资源相一致。从法治的角度看,财政资源的提供必须按照税法的基本规定承受税收负担。这就是我国宪法规定的无法不征税原则。此外,根据每个人的课税能力,应基本平等地负担税负,这是宪法规定的税收平等原则。这样,国家或地方政府等纳税人征收的税收是单方面和强制性的货币利益,没有明确的反对意见。因此,通过税收筹集的财政资源必须透明和公平地使用。居民还可以利用《地方自治法》规定的“居民诉讼”等制度,对征税主体的资金使用是否合法进行监督。因此,本文将对日本根据法令发放的政治活动费等非法支出问题进行调查。在韩国,政治活动费等资金也被用作国会活动费。通过与韩国法律制度相似的日本的事例,可以探讨今后在防止与政治活动有关的公共资金使用腐败方面,我们社会可以得到什么启示。首先,通过税收收取资金的账户,如未来的政治活动费用,应该更加具体和区分。如果会计使用没有按计划进行,就有必要考虑拨款等制度。其次,如果发现会计使用欺诈,应实施严厉制裁,例如今后不能收到相关费用。第三,只要补贴是纳税人的钱,就不应该局限于金额的大小。应该以日本的情况为基础进行计算,建立一种制度。该制度可以在未来通过更具体的立法来减少人民税收带来的金钱腐败。
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A Study on the Prevention of false accounting of Local Governments: Focus on the case of unauthorized expenditure in Japan
There are national interests, fairness, and common sense in the state affairs and the principles of state administration proposed by the current government. The “fairness and common sense” in constitutional state also includes adhering to the rule of law, in which laws legislated by the National Assembly, the representative of the people, apply fairly to all citizens. Also, rule of law should be comply with providing financial resources for the operation of the state. From the perspective of the rule of law, the provision of financial resources must be subject to the tax burden in accordance with the basis regulations of the tax law. This is the principle of no taxation without law in our constitutional law. In addition, the tax burden must be imposed substantially equally according to each person's taxable capacity, which appears as Principle of taxation equality under the constitutional law. In this way, taxes imposed and collected by taxpayers such as the state or local governments are unilateral and compulsory monetary benefits, and there is no explicit opposition to them. Therefore, the financial resources raised through taxation must be used transparently and fairly. And residents can use systems such as residents suit under the Local Autonomy Act to monitor whether the taxation subject is using the funds legal. In this regard, this paper will examine matters related to illegal expenditures such as political activity expenses issued in Japan based on ordinances. And money such as political activity expenses is also used in Korea as a expense for parliamentary activities. Through the case of Japan, which has a similar legal system to Korea, it could discuss what implications our society can derive to prevent corruption in the use of public funds related to political activities in the future. First, accounts that receive money through taxes, such as future political activity expenses, should be more specific and distinguished. In case accounting use does not go as planned, it is necessary to consider a system such as appropriation. Second, if fraudulent accounting use is detected, strong sanctions should be imposed, such as not being able to receive related expenses in the future. Third, as long as the subsidy consists of taxpayers' money, it should not be limited to the size of the amount. Using Japan's case as a basis for calculation, a system should be established. The system is that can reduce corruption of money delivered by people's taxes through more specific legislation in the future.
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