The evolution of the budgetary legislation of China
DOI:
https://doi.org/10.21638/spbu25.2018.308Abstract
The article deals with the history of the development of the budget legislation of the People’s Republic of China from its inception to the present day. The author on the basis of the study of domestic and foreign literature of legal, economic, historical nature traces the main trends in the development of legal regulation in this area, defines the features of the budget system of China at different stages of its functioning, the specifics of legal regulation. Much attention of the Chinese legislator remains for such issues as the formation and spending of extrabudgetary funds, the implementation of transfer payments from the Central budget to local budgets, ensuring the openness and transparency of the budget system of China. A special place in this regard is occupied by the formation and improvement of the structure of the budget system of the PRC, consisting of various types of budgets. Until now, many issues remain unresolved, in particular, the legal provision of effective control over the expenditure of public finance, ensuring the effectiveness and efficiency of spending, treasury budget execution. The successful nature of China’s economic development in recent decades, as well as the related problems PRC faces, have made it necessary to establish special rules in the Budget law aimed at regulating public debts, primarily by local governments, rules for public procurement, specific offences and measures of legal responsibility for violation of the relevant statutes. The distinctive features of the budget legal regulation of the People’s Republic of China is that there is no budget code; there is the predominant share of by-laws adopted by the Central and local governments, ministries, departments; there are lot of pilot projects before the introduction of new norms in the territory of the whole state. The article is accompanied by a translation from Chinese into Russian of the text of the current Budget Law of the People’s Republic of China.
Keywords:
budget law, public finance, People’s Republic of China, budget, Chinese law, public regulation, history of law
Downloads
References
References
Ang, Yuen. 2009. Centralizing treasury management in China: The rationale of the central reformers. Public administration and development 29 (4): 263– 273.
Boldyrev, Boris. 1952. Successes of the People’s Republic of China in the construction of a new monetary and financial-credit system. Moscow, Znanie Publ. (In Russian)
Boldyrev, Boris. 1953. Finances of the People’s Republic of China. Moscow, Gosfinizdat Publ.
(In Russian)
Butakov, Daniil, Bochkova, Valentina, and Shevel’, Igor’. 1959. Finances of the countries of people’s democracy. Moscow, Gosfinizdat Publ. (In Russian)
Dingjian, Cai. 2015. How and Where Government Spends Money: Public Budgeting Reform and Citizen Participation. Public budgeting reform in China: theory and practice, ed. by Liu Xiaonan. Berlin, Springer: 3–21.
Donithorne, Audrey. 1972. The budget and the Plan in China. Canberra, The ANU Press.
Formation of the People’s Republic Of China. Documents and materials. 1950. Moscow, Gospolitizdat Publ. (In Russian)
Jiang, Wuzhen. 2015. A realistic path to implementing China’s Budget Law. Social Sciences in China 36 (3): 56–72.
Kang, Jia. 2015. Institutional Reform and Innovation in the Public Finance System. Public budgeting reform in China: theory and practice, ed. by Liu Xiaonan. Berlin, Springer: 23–49.
Komiagin, Dmitry. 2010. On the budget system and modern budget legislation of China. Reformy i pravo 4: 57–63. (In Russian)
Kustova, Margarita, and Sheveleva, Natalia (eds). 2014. Financial law: textbook. St. Petersburg, Piter Publ. (In Russian)
Ming, Fang. 2015. A Constitutional Analysis of China’s Fiscal Transfers-The Perspective on Central and Local Relationship. Public budgeting reform in China: theory and practice, ed. by Liu Xiaonan. Berlin, Springer: 57–79.
Modern law of the People’s Republic of China (review of legislation 1978–2010), part 2. 2012. Moscow, IDV RAN Publ. (In Russian)
Novoselova, Lubov’. 2016. Actual aspects of inter-budgetary relations at the present stage of economic reforms in China. Kitai na novom etape ekonomicheskoi reformy. Moscow, Lenand Publ.: 42–50. (In Russian)
Savinskii, Sergey. 1996. Reform of the budget system of China. PhD diss., Institute of Far Eastern Studies of the Russian Academy of Sciences. (In Russian)
Shepenko, Roman. 1999. A legal regulation of the budget process in the People’s Republic of China. Problemy Dal’nego Vostoka 4: 74–83. (In Russian)
Shevel’, Igor’. 1997. The state budget of China at the present stage. Problemy Dal’nego Vostoka 4: 79–92. (In Russian)
Troshchinskii, Pavel. 2016. The legal system of China. Moscow, IDV RAN Publ. (In Russian)
Troshchinskii, Pavel. 2017 General characteristics of legal regulation in modern China. Pravo i gosudarstvo 3–4: 157–168. (In Russian)
Wang, Peng. 2012. The Study about the Reform of Public Financial Transfer Payment System. PhD diss., Jilin University. (In Chinese)
Wang, Xu-Wei. 2010. Study of Central-local Fiscal Relations of China in the Range of Constitutionalism. PhD diss., Jilin University. (In Chinese)
Wong, Christine. 2007. Budget Reform in China. OECD Journal on Budgeting 7 (1): 1–24.
Downloads
Published
How to Cite
Issue
Section
License
Articles of "Pravovedenie" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.
