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Research Report

A Study on the System and Scope of the Fiscal Law
  • Issue Date 2019-11-15
  • Page 197
  • Price 8,000
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Ⅰ. Backgrounds and Purposes
○ The study of fiscal law focuses on the legal system that regulates the fiscal action of the state.
  - Therefore, the content of fiscal law is, of course, mainly in the financial area where the fiscal action of a state or local government is based.
○ However, through the full-fledged entry into the welfare state past the modern industrial society, the national action is becoming more extensive.
○ Naturally, this may result in the question of how far the subject of financial law research is as wide as public finance.
○ The major principle that can be used in the fiscal action that constitutes the main contents of fiscal law is the democratic principle at the political and institutional level, that is, the fiscal democracy and the principle of fiscal soundness at the level of financial management and its results.
○ There may be some debate about whether these two principles are merely administrative slogans or function as las principles to judge the legitimacy and legitimacy of fiscal action. 
Ⅱ. Major Content 
○ Accordingly, this study examined the federal fiscal law of the United States into three major pillars: the administration's budgeting legislation, the Congressional budget deliberation legislation, and the fiscal consolidation legislation.
○ The U.S. public finance law is formed through federal constitutions and acts like other countries. However, not all important principles and procedures for fiscal management are defined in the Constitution, and individual laws regarding the exercise and method of the legislature and the role of the president have emerged one after another.
○ The Budget Accounting Act consists of a section on the federal budget and a section on accounting inspectors. In particular, the enactment of the law has transferred federal budgeting powers from parliament to the president and to the executive branch. 
○ Based on this basic framework, the Budget and Accounting Procedures Act was enacted in 1950 to further refine the legal basis of financial management.
○ German fiscal law consists of fiscal constitution and fiscal legislation as an area of ​​norm-oriented state law that differs in approach from finance.
  - The fiscal constitution has had three fiscal reforms in Germany over 1955, 1996 and 2006.
  - First Reform of 1955: Using Gemesinschaftssteuer on the Law of Tax Distribution between the Central (Federal) and Local Governments at Legal Level
  - Second Reform in 1969: The concept of financial adjustment (Finanzausgleich) began to be re-used in legal terms and expanded in practice to apply across the federal, provincial and municipalities.
  - Third Reform in 2006: The amendment of the Framework Act and the Economic Stability Growth Promotion Act, including the provisions of Article 104a (Financial Burden on the European Union), Article 105 (Local Transfer of Tax Legislation), Articles 107 and Article 109 (Financial Adjustment)
  - Fiscal law is divided into federal and state laws
  - Federal law on the stabilization and growth of the economy (StWG), Chapter 2 of the Budget Principles Act (Articles 49-57c) and the Federal Budget Act (BHO) and the Federal Accounting Inspector Act - As a state law, each state's budget law is enacted.
○ The German budget system consists of a constitutional provision on budget and a law on budget
  - The budget proposal and budget law are classified as law in the meaning of Article 93 (1) 2 of the Basic Act.
  - The Budget Act is the aggregate of norms that directly govern budget management and collection and use of public resources (including planning and control, cash withdrawal and accounting (including settlement of accounts) and management of assets and liabilities).
  - The Budget Management Act includes the Budget Principles Act and the Federal Budget Act. Its main structure consists of medium-term financial plans and specific provisions for the formulation, determination and execution of budgets.
○ Japan revised its financial regulations in the process of amending the new constitution by amending the major constitution. 
  - The new Constitution was amended to realize fiscal democracy, and the financial law was enacted as a single law to specifically regulate it.
○ Japan's fiscal law was enacted in 1947, followed by four revisions in 1949, 1950, 1952 and 1962. 
○ However, with the exception of the 1952 amendment, most of the amendments only made up for the lack of fiscal law and no fundamental changes were made. 
  - The amendments in 1952 had many changes, including the establishment of a continuing fee system.
○ The Japanese Constitution, which was enacted in 1947, was defined as nine articles from Article 83 to Article 91 under the title 'Chapter 7. Finance'. 
  - The purpose of the new constitutional finance provisions was to 'make the finances of the people, the finances of the people, and the finances for the people'. 
  - In other words, the willingness to pursue democratization of finance is clearly expressed.
○ The ideology and basic principles of fiscal law, which is the basic law of finance, are closely related to the enactment of the New Constitution. 
  - Along with the enactment and implementation of the New Constitution, the fundamental purpose of the Financial Law is to fundamentally change the various institutions and establish the basic principles of finance by accepting requests for democratization.
○ Under the old Constitution, there were two systems, the Constitution and the Financial Law. 
  - In the New Constitution, as the new Financial Law was established, it consisted of three systems: Constitution, Finance Law, and Accounting Law. 
  - The reason for the three system is to (i) separate the basic tasks of financial accounting from those of accounting technology, (ii) provide supplementary provisions of the New Constitution, and (i) prepare the Financial Standards Act. It can be said that there was.
Ⅲ. Expected Effects
○ Through the overview of the financial law system, it contributed to confirming the scope of public finance and confirming the research category of financial law.
○ Present the current status of necessary research data in the relevant financial areas by providing the current status of previous studies accumulated so far in the individual areas of financial law.
○ Present the latest data on major foreign financial law systems
○ Presentation of the issues that need to be conducted in future financial law research