The difference between the provision and the method, the difference between the method and the provi

The main contents of the Measures include:

There are 30 articles in the Measures, including cultivating tax sources, tax services, tax assistance, tax-related information exchange and sharing, legal liability, etc

About cultivating tax sources. The tax source is the ** and basis of tax revenue.

About tax services. Tax service is a service-oriented requirement and an obligation of the tax authorities.

About tax assistance. The establishment of a tax assistance system is an important measure to plug the loopholes in tax collection and management, reduce tax collection costs, improve tax collection efficiency, and realize the full collection of tax revenue. In view of the imperfect and imperfect tax assistance system, and the unclear and unclear statutory responsibilities of the relevant departments in performing the statutory duties of tax protection and tax cooperation, Article 12 of the Measures stipulates that "if the tax authorities need the assistance of the relevant departments and units in the performance of their duties in the administration of tax collection, the relevant departments and units shall provide assistance within the scope of their duties in accordance with the law."

At the same time, Articles 13 to 21 of the Measures specifically stipulate the tax assistance obligations of relevant departments and units. Article 27 of the Measures stipulates legal liability for the failure of relevant departments and units to perform their tax assistance obligations.

About Information Sharing. With the development and popularization of the Internet, cloud computing and big data are used to carry out tax protection.

About the construction of integrity. The Measures regard the establishment of the tax credit system as an important part of the construction of the social credit system.

By improving tax ratings and optimizing tax payment services, taxpayers are able to pay taxes in good faith in accordance with the law, and taxpayers are able to collect taxes in good faith in accordance with the law, providing a green channel for honest business operators, making it difficult for untrustworthy business operators to move an inch. For example, Article 25 stipulates that "the tax authorities shall establish and improve the tax credit management system, do a good job in the collection of taxpayers' tax information and tax credit evaluation, and establish and improve the tax credit reward and punishment mechanism in accordance with the principle of incentives for trustworthiness and punishment for untrustworthiness." Provincial-level taxation authorities may uniformly publish taxpayers' tax credit ratings in the tax-related information sharing system, bring about data exchange and sharing with the provincial Public Credit Information platform, and promote the joint management of tax credit and other social credit.

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Legal Analysis: The method is to put forward specific and feasible implementation measures for relevant laws, regulations, and rules, and to put forward practical measures for the specific handling and implementation of the relevant work and related matters of the purely physical political, economic and social development of the country or a certain region. The focus is on operability.

It is made by the ministries and commissions, the people at all levels and their affiliated institutions.

Provisions are specific provisions for the implementation of relevant laws, decrees and regulations, and in accordance with their provisions and authorizations, specific provisions are made on relevant work or matters. It is the embodiment of laws, policies, and guidelines, and the law for dealing with problems. It is mainly used to clearly propose the management or restriction of a certain aspect of the political, economic and social development of a country or a certain region, or some major accidents.

The side-by-side regulations focus on mandatory constraints.

Legal basis: "Regulations on the Formulation of Intra-Party Regulations of the Communist Party of China" Article 5: The names of intra-Party regulations are the Party Constitution, guidelines, regulations, provisions, measures, rules, and detailed rules.

The party constitution makes fundamental provisions on the nature and purpose of the party, the line and program, the guiding ideology and goals, the organizational principles and organizational structure, the obligations and rights of party members, and the party's discipline.

The guidelines make basic provisions on the political and organizational life of the whole Party and the behavior of all Party members.

The regulations make comprehensive provisions on important relations in a certain field or important work in a certain aspect of the Party.

Regulations, measures, rules, and by-laws make specific provisions on the requirements and procedures for the Party's important work in a certain aspect.

Intra-Party regulations formulated by the Discipline Inspection Commission and the Party committees of provinces, autonomous regions, and municipalities directly under the Central Government may use the names of provisions, measures, rules, and detailed rules.

Measures are laws and regulations. Regulations are divided into administrative regulations, digital regulations and local regulations. Administrative regulations are formulated and can be named after regulations.

The specific names of administrative regulations are regulations, regulations, and measures. Make more comprehensive and systematic provisions on a certain aspect of administrative work, called regulations; Partial provisions for a certain aspect of administrative work are called provisions; Making more specific provisions for a certain administrative work is called a method.

Legal Analysis: It is an administrative regulation, because these measures are all matters that require the formulation of administrative regulations in order to implement the provisions of the law. In accordance with the Constitution and laws, administrative regulations are formulated.

This Law is formulated on the basis of the Constitution so as to regulate legislative activities, improve the national legislative system, improve the quality of legislation, improve the socialist legal system with Chinese characteristics, give play to the leading and promoting role of legislation, safeguard and develop socialist democracy, comprehensively advance the rule of law, and build a socialist country ruled by law.

Legal basis: Article 65 of the Legislation Law of the People's Republic of China *** In accordance with the Constitution and laws, administrative regulations are formulated. Administrative regulations may provide for the following matters:

1) Matters that require the formulation of administrative regulations in order to implement the provisions of the law; (2) Matters of administrative authority as provided for in Article 89 of the Constitution. For matters that should be enacted by the National People's Congress and its Standing Committee, the State Council shall promptly request the National People's Congress and its Standing Committee to formulate laws when the conditions for enacting laws are ripe after practical testing.

Similarities and differences in regulations, regulations and measures.

Differences: (1) Different meanings: Regulations are legislative documents that are formulated to adjust the norms of a certain aspect of national life and need to be implemented for a long time, and are relatively principled and standardized.

A regulation (in principle, requiring compliance with regulations) is a document that makes specific specifications for the conduct of a certain work or activity. Measures (specifically, you can refer to the handling) are documents that make specific specifications for the conduct of a certain work or activity. (2) Different permissions:

Regulations and regulations are generally applied in Party organs, while measures are generally applied in enterprises and institutions. (3) The scope of application is different: the regulations are applicable to the formulation and approval, promulgation and implementation of relevant national policies and laws stipulated by the state power organs.

A regulation is a binding code of conduct that specifies work and affairs within a specific scope. The method is to make specific behavioral norms and requirements for the conduct of the work or activities of the unit. Contact:

Regulations, regulations, and measures are of the same nature, and they are all normative and regulatory documents.

Legal basis: Article 2 of the Legislation Law of the People's Republic of China applies to the formulation, amendment and repeal of laws, administrative regulations, local regulations, autonomous regulations and special regulations. The formulation, revision, and repeal of departmental rules and local rules shall be implemented in accordance with the relevant provisions of this Law.

The difference between laws, regulations, regulations, and measures is mainly reflected in the scope of the formulation subject and the scope of implementation authority.

1.Regulations are formulated by state administrative organs or power organs in accordance with the Constitution and legal provisions, and are normative documents subordinate to laws. It is very time-sensitive, and its scope of competence is specific to a specific area of the country.

2.Provisions are regulatory documents that are required by leading organs or functional departments to formulate corresponding measures for work and affairs within a specific scope, and require their subordinate departments and lower-level organs to implement them. The scope of the prescribed scope of authority for implementation is limited to the implementation of a certain oneLaws and Regulations, which has a strong binding force.

3.The method is a document in which an organ or department puts forward specific practices and requirements for a certain aspect of work or problems in accordance with the principles and policies of the party and the state, as well as relevant laws and regulations. It focuses on administrative binding.

To sum up, regulations are formulated by state administrative organs or power organs and apply to a certain area of the state; The regulations are formulated by the leading organ or functional department and apply to work within a specific scope; The method is formulated by the organ or department and is suitable for proposing solutions to a certain aspect.

4. The law is in the first place, the power of the National People's Congress is the greatest, and the documents adopted are the most credible, and the following documents are based on the documents of the National People's Congress as the implementation standard, and if the documents of the National People's Congress are violated, they will be declared invalid.

Why there is a law:

People's needs are always unsatisfied, and these needs are all the same or similar, and people with the same needs live together, chasing and competing in this space with limited resources, then conflicts will inevitably occur and cannot be eliminated. This is a dead knot that human wisdom alone is not enough to unravel.

A smart head is not as good as a reasonable system, this is the experience of history.

Law is needed both because of the inevitability of conflict and because of the human quest for security. Born as a human being, there is not only desire, but also rationality, the instinct to seek advantages and avoid disadvantages, and the ability to weigh gains and losses. No one likes to be constantly attacking and defending, and to be on the lookout all day.

In short, human beings seek a safe environment to live in, and when caught up in endless strife, this need for security will prevail. In a conflict environment, the need for security will prompt people to set rules and discipline each other to form a relatively stable and orderly society.

Therefore, the reason why human beings need laws is not that we naturally yearn for rules.

Legal basis

Article 5 of the Constitution of the People's Republic of China The People's Republic of China shall govern the country according to law and build a socialist country under the rule of law.

The state upholds the unity and dignity of the socialist legal system.

All laws, administrative regulations, and local regulations must not contradict the Constitution.

All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.

No organization or individual may have privileges that go beyond the Constitution and laws.

Measures are laws and regulations. Here's why:

1. Laws and regulations are divided into administrative regulations and local regulations. Administrative regulations are formulated and can be named after regulations. The specific names of administrative regulations include regulations, regulations and measures;

2. Make more comprehensive and systematic provisions on a certain aspect of administrative work, called regulations; Provisions that make partial provisions on a certain aspect of administrative work are called provisions;

3. Make more specific provisions on a certain administrative work, called methods. These measures are all matters that require the formulation of administrative regulations in order to implement the provisions of the law. In accordance with the Constitution and laws, administrative regulations are formulated.

This Law is formulated on the basis of the Constitution so as to regulate legislative activities, improve the national legislative system, improve the quality of legislation, improve the socialist legal system with Chinese characteristics, give play to the leading and promoting role of legislation, safeguard and develop socialist democracy, comprehensively advance the rule of law, and build a socialist country under the rule of law.

Legal basis: The Legislation Law of the People's Republic of China *** formulates administrative regulations in accordance with the Constitution and laws.

Administrative regulations may provide for the following matters:

1) Matters that require the formulation of administrative regulations in order to implement the provisions of the law;

(2) Matters of administrative authority as provided for in Article 89 of the Constitution.

Matters that should be enacted by the National People's Congress and its Standing Committee shall be promptly submitted to the National People's Congress and its Standing Committee for the enactment of laws when the conditions for enacting laws are ripe after practical testing.

Legal Analysis: The differences between the measures and the detailed rules are as follows: 1. The definitions of the two are different.

Detailed rules are detailed and specific explanations and supplements made by relevant organs or departments in order to enable lower-level organs or personnel to better implement a certain law, regulations, and provisions, in light of the actual situation; The method is a document in which the relevant organs or departments put forward specific practices and requirements for a certain aspect of work or problems in accordance with the principles and policies of the Party and the state, as well as relevant laws and regulations; 2. The content of the two is different. Detailed rules are detailed and specific interpretations and additions to a certain statute, regulation and provision; The method is a document that sets out specific practices and requirements for the work or problems of the policy and relevant laws and regulations.

Legal basis: Article 100 of the Civil Code of the People's Republic of China Where the special committees and working bodies of the Standing Committee of the National People's Congress find that administrative regulations, local regulations, autonomous regulations, or special regulations are in conflict with the Constitution or laws in the course of review or research, they may submit written review opinions or research opinions to the drafting organ; The Law Committee may also convene a joint review meeting with the relevant special committees and working bodies of the Standing Committee, requesting that the drafting organ attend the meeting to explain the situation, and then submit a written review opinion to the drafting organ. The drafting organ shall study and submit an opinion on whether to revise it within two months, and give feedback to the Law Committee of the National People's Congress and the relevant special committees or the Standing Committee's working body.

Where the Law Committee of the National People's Congress, relevant special committees, and working bodies of the Standing Committee submit review opinions or research opinions to the drafting organs on the basis of the provisions of the preceding paragraph, and the drafting organs revise or repeal administrative regulations, local regulations, autonomous regulations, or special regulations in accordance with the opinions submitted, the review is to be terminated. Where, after examination and study, the Law Committee of the National People's Congress, relevant special committees, and working bodies of the Standing Committee find that administrative regulations, local regulations, autonomous regulations, or special regulations are in conflict with the Constitution or laws and the enacting organs do not revise them, they shall submit a motion or suggestion to the Council of Chairpersons to revoke them, and the Council of Chairpersons shall decide to submit them to the Standing Committee meeting for deliberation and decision.