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A Study on the Application of Legal Interpretation Methods in Tax Law Interpretation
DOI: https://doi.org/10.62381/E244318
Author(s)
Yingying Gu
Affiliation(s)
School of the English Language and Culture, Xiamen University Tan Kah Kee College, Zhangzhou, Fujian, China
Abstract
The method of legal interpretation refers to the specific rules and principles recognized by the legal professional community that legal professionals must follow when interpreting laws. Tax law interpretation refers to the understanding and explanation of the meaning of tax laws and regulations by a certain entity in the specific process of legal application. This article explains the specific principles that should be followed in tax law interpretation including the principle of literal interpretation, the principle of systematic interpretation, the principle of legislative purpose, the principle of legality and reasonableness, the principle of economic substance, and the principle of good faith. Combining three specific tax- related cases, this article explains the specific applications of these interpretation methods in tax law interpretation and explores the sequential order of literal interpretation, systematic interpretation, and purposive interpretation that should be followed in the process of tax law interpretation, in order to obtain more fair, scientific, and reasonable interpretation conclusions.
Keywords
Application; Legal Interpretation Methods; Tax Law Interpretation
References
[1] The Editorial Committee of the National Uniform Legal Professional Qualification Examination Tutoring Book, Law Press, 2019. [2] Textbook Writing Group for the National Certified Tax Practicing Qualification Examination. Tax Law 1. Taxation Publishing House, 2009. [3] Jianwen Liu. Tax Law. Peking University Press, 2010. [4] Jianwen Liu. The Collection of Financial and Tax Law Treatises Vol. 3. Law Publishing House, 2004. [5] Jianwen Liu, Wei Xiong, Wenwen Shi. Finance and Taxation Law, 3rd Edition. Higher Education Press, 2017. [6] Jianwen Liu. Tax Law 2nd Edition. People's Publishing House, 2003. [7] Danmei Li. Research on Tax Law Interpretation Issues - Principles, Methods, and Institutional Design of Tax Law Interpretation. Financial and Tax Law Essays, 2004, (1), 299. [8] Jiguang Zhai. A Review of Research on the Rule of Law in Taxation in 2023. Tax Research. 2024 (3): 31-39. [9] Chen Shen. On the Functionalism Paradigm in the Research of Chinese Civil Law. Law and Social Development, 2023, (5): 146-166. [10] Baikui Yang, Yong'an Liu, Jianze Ding. The Legal Precept by Lord Danning. Law Press, 1999.
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