我国现行消费税法视角下的绿色消费法律问题的研究
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毕 业 论 文(设 计) 题目: 绿色消费视角下的消费税问题及其完善 (英文):Research on the legal issues of green consumption from the perspective of China's current consumption tax law 院 别: 专 业: 姓 名: 学 号: 指导教师: 日 期: 绿色消费视角下的消费税问题及其完善 摘 要 人类的现今的多数消费活动仍是传统的消费模式,其本质就是在消耗物质,消耗资源。传统的消费模式之所以不是绿色消费,是因为它是只以满足人类自己的需要为根本目标,以牺牲和破坏生态环境和自然资源为代价,是自私的、浪费的、灭绝性的消费。在新的历史时期,消费税也应该在环境保护方面发挥寓禁于征的调节功能。扩大征税范围,将对环境有害和资源再生速度慢的商品等列入消费税的征税范围,对不同产品根据其对环境的友好程度设计差别税率。在计税方式上,改用国际通用的透明、公开的价外税,使消费者在购买消费品时就可以知道自己所承担的消费税款。通过消费税的改革进一步调节消费者的消费行为,鼓励消费者进行绿色消费。本文在概述绿色消费的定义、特征来源的基础上,对消费税法律制度的可行性进行了法律条件和法理分析,并对消费税法进行完善。 关键词:绿色消费;消费税 Research on the legal issues of green consumption from the perspective of China's current consumption tax law
ABSTRACT Nowadays, most of the consumption activities of human beings are still traditional consumption patterns, and their essence is to consume material and consume resources. The traditional consumption pattern is not the green consumption, because it is only to meet the needs of human beings as the basic goal, to sacrifice and destruction of the ecological environment and the cost of natural resources is the extinction of the selfish and wasteful consumption. In the new historical period, the consumption tax should also play an important role in environmental protection. To expand the scope of tax collection, will be harmful to the environment and renewable resources, such as the slow speed of the commodity tax included in the scope of consumption tax, according to their different products to the environment of the design of the differential tax rate. In the way of tax, to the international general transparency and openness of foreign tax, so that consumers in the purchase of consumer goods can know their commitment to the consumption tax. Through the consumption tax reform to further regulate consumer behavior, encourage consumers to green consumption. Based on the definition and overview of green consumption characteristics, content and theoretical sources on the feasibility of green consumption legal system analyzes the legal conditions and legal principle, introduces the current situation of China's green consumption problems and our existing relevant laws and regulations and green consumption and make an objective evaluation. Key Words :Green Consumption; Consumption Tax; Consumer Protection Law 目 录 一、引言 ···································································· 1 二、绿色消费的内涵 ······················································ 2 (一)绿色消费理念提出已久 ·························································· 2 (二)绿色消费是一种利己利他的消费活动 ········································ 2 (三)绿色消费是一种节约的消费模式 ·············································· 2 三、消费税与绿色消费的关系 ··········································· 4
(一)消费与消费税 ······································································ 4 1、消费的涵义 ········································································ 4 2、消费税定义 ········································································ 4 (二)消费税对绿色消费的影响 ······················································· 5 1、从消费税的作用来分析 ························································· 5 2、从经济学的替代效应来分析 ··················································· 5 3、绿色消费视觉下消费税现状 ··················································· 6 四、我国消费税法的完善建议 ··········································· 6
(一)增加有关征税范围的消费税法律规定 ········································ 6 1、对限制消费的商品征税 ························································· 6 2、对有潜在污染风险的商品征税 ················································ 7 3、扩大能源产品的征税范围 ······················································ 7 (二)完善有关计税价格模式的法规 ················································· 7 (三)有关税率结构的消费税法规 ···················································· 8 1、明确消费税税率结构设计的总原则 ·········································· 8 2、针对不同的产品设计不同的税率标准 ······································· 8 (四)扩大消费税税收优惠的范围 ···················································· 9 1、扩大小汽车消费税的税收优惠范围 ·········································· 9 2、对绿色家电设置税收减免措施 ················································ 9 3、其他应增加的税收优惠措施 ················································· 10 五、结论 ··································································· 11
致谢 ········································································· 13