英文摘要 |
First, according to the Tax Collection Law periods for the collection of taxes belong to the extinctive prescription.It is a special law and exclude the application of provisions of Administrative Enforcement Law on the administrative implementation period. As for the enforcement of taxes already levied beyond the periods for the collection of taxes, it should be illegal execution.If government Continue to implement tax payer’s property,it constitutes unjust enrichment in public law and it should be returned. Second,if the other general claims on public law other than taxes have executive power, belonging execution creditor, unless otherwise specifically provided by law, the provisions of Administrative Enforcement Law on periods for administrative executions shall prevail to apply and exclude the application of the provisions of the Administrative Procedure Law on extinctive prescription. This practice is consequent with the latest German legislation. Third, related to administrative enforcement,according to the Tax Collection Law and Administrative Enforcement Law,there are provisions on the administrative implementation period and have limitation interrupt, re-starting of the system design, and extended during a period of limitation, there is no legal loophole.So it could not be permitted to fill a legal loophole by analogy,to apply the provisions of the Civil Code limitation interrupt to disguise the extension of aging.Otherwise it would be contrary to the principles of rule of law. Even when we think that it should still apply by analogy civil law as the aging suspension event, it should be the end of the implementation at the time that the enforcement claims certificate issued, as should be re-starting the limitation period. |