| Judicial
interpretation issued to fight tax-related crimes (11/07/2002)
A judicial interpretation redefining the crime of tax evasion and
that of employing threats or violence to avoid paying taxes was
issued in Beijing Thursday, as part of China's effort to curb such
crimes.
The opinion, issued by the Supreme People's Court (SPC), stipulates
that tax evasion sentences could be as severe as seven years in
jail, combined with fines not exceeding five times the amount of
delinquent taxes.
For an offense to qualify as tax evasion, the amount of the delinquent
taxes must account for 10 percent of the offender's total tax payment,
and the amount of the delinquent taxes must exceed 10,000 yuan (about
1,200 US dollars).
Other conditions include falsifying or destroying accounting records,
making a fraudulent tax declaration or refusing to declare taxes.
Those who employ threats and violence to avoid paying taxes will
receive a minimum of three-year imprisonment with a fine twice the
amount of their original tax payment.
In China, the central government legislative body is the National
People's Congress and its Standing Committee. The Supreme People's
Court, however, is held responsible for issuing judicial interpretations
on the principled articles of various laws to help courts at different
levels reach verdicts.
On Sept. 17 this year, the SPC issued a judicial interpretation
defining the offense of fraudulent request for tax refunds relating
to goods destined for export. The most severe penalty for this offense
was life imprisonment plus additional fines, which could be as high
as five times that of the offender's illegal gain.
Government officials participating or assisting in such crimes
would receive more severe punishments, according to the interpretation.
Tax-related crimes have become increasingly rampant since China
adopted the socialist market economy system some two decades ago.
In the first nine months of this year, courts across the country
handled a total of 461 cases involving tax evasion and refusal to
pay, up 16.41 percent over the same period last year, while the
number of cases involving fraudulent requests for refunds relating
to goods destined for export was four times that of the same period
last year.
Starting in April last year, the Chinese government launched a
nationwide drive regulating the order of the market economy, in
which the regulation of tax collection was a major component part.
Zhang Jun, vice-president of the SPC, said the issuance of such
judicial opinions provides a solid judicial basis for fighting the
crimes of evasion, refusal to pay and fraudulent request for tax
refunds relating to goods destined for export.
(xinhua)
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