智慧税务视域下纳税人权利的保护

    Protection of Taxpayer Rights in the Context of Smart Taxation

    • 摘要: 人工智能等数智技术与税收征管深度融合,智慧税务成为提升税收征管质效、实现税收治理现代化的重要方式。智慧税务打破国家与纳税人之间原有的利益平衡结构,加剧技术与权利保障之间的张力关系。税收法定原则、税收公平原则、实质课税原则等税法的基本原则面临适用挑战,引发权力主体合法性、行政裁量合理性、征税结果准确性等质疑。实践中,纳税人信息权、知情权、参与权、救济权等基本权利受到数智技术的冲击和影响。应当在坚持以人为本的调制理念基础上,通过场景理论约束税务算法的权力扩张,明确征税机关的合理性证明义务,在税收征管全环节保障纳税人的过程性权利。

       

      Abstract: In the era of intelligence, the deep integration of digital and intelligent technologies such as artificial intelligence with tax administration has made smart taxation a crucial approach to enhancing the quality and efficiency of tax collection and achieving modernized tax governance. However, smart taxation also disrupts the balance of interests between the state and taxpayers, intensifying the tension between technology and rights protection. From the perspective of power, fundamental principles of tax legality, such as the principle of statutory taxation, the principle of tax equity, and the principle of taxation based on substance, face challenges in application, raising questions about the legitimacy of authority, the rationality of administrative discretion, and the accuracy of tax collection outcomes. From the perspective of rights, taxpayers' fundamental rights, including the right to information, the right to know, the right to participate, and the right to remedy, are impacted by digital and intelligent technologies. To address these issues, while adhering to the people-centered approach in our development strategy, it is essential to constrain the expansion of tax authority through scenario theory, clarify the obligation of tax authorities to provide reasonable justification, and safeguard taxpayers' procedural rights throughout the entire tax collection and administration process.

       

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