Practically everybody must pay taxes. Taxation limits the availability of personal funds that otherwise could be spent in order to pursue individual goals. Taxation constitutes the most frequent encroachment by the state on individual rights. German constitutional law provides that any encroachment by the state in the private sphere constitutes an infringement of basic rights. Taxation must be treated as a violation of basic rights that requires constitutional justification. In past decades, decisions by the German Federal Constitutional Court concerning tax law became a major source for new jurisprudential approaches to the general doctrine of basic rights in Germany. There are many constitutional provisions in Germany relating to taxation, the constitutional justification of taxation, principles of taxation and limitations on taxation. This paper explores and understands the importance of taxation.
목차
Abstracts I. Introduction II. Justifications for Taxation in the Basic Law(Grundgesetz) III. Principles of Taxation in the Basic Law 1. Fiscal law 2. Constitutional Principles Regarding Taxation IV. Limitations on Taxation in the Basic Law 1. Implications of Article 1(1) GG for taxation 2. Implications of Article 2(1) GG for taxation 3. Implications of Article 4(1) GG for taxation 4. Implications of Article 6(1) GG for taxation 5. Implication of Article 12(1) GG for taxation 6. Implications of Article 14(1) GG for taxation V. Conclusion [References]
키워드
TaxationPrinciple of proportionalityConstitutional Court of GermanyBasic Lawlimitations on taxation
저자
Sun Ki, Hong [ Research Fellow(Dr. jur.), Research Institute of German Politics and Economy ]
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.