纳税对企业行为的影响.docVIP

PAGE 9 本科毕业论文（设计） 外 文 翻 译 外文题目 The Influence of Tax on Corporate Behavior 外文出处 Tax and Corporate Governance 外文作者 Wolfgang Schon 原文： The Influence of Tax on Corporate Behavior Economic and Legal Perspectives The analysis of the basic legal framework where the interaction of tax and corporate governance takes place has to commence with the question of whether there exists any difference between the economic perspective presented in the preceding contribution by Mihir Desai and Dhammika Dharmapala1 and the legal perspective which is the topic of this chapter. In the old days, the distinction has been quite clear: the legal analysis would look at the law as it stands, the statutory and judge-made rules in the field of taxation, company law and financial markets from a normative standpoint, while the economic analysis would focus on the effects of such rules in mathematical models and the real world, trying to describe their impact on efficiency and distribution. Over the years, this distinction has become considerably blurred. Legal scholars employ the tools of economic analysis of law, capital market theory and information economics in corporate affairs as well as the findings of public finance and public choice in tax matters to discuss the current state of their field while economists use their theoretical and empirical findings in order to bring forward normative recommendations for legislation in different areas of the law. Lawyers still feel on their own when they engage in the interpretation and application of existing rules, but they have realized that they have to share the task of public policy recommendations with their economic brethren. It makes no sense any more to separate the theoretical, empirical and normative aspects of tax and corporate governance in this respect. Nevertheless, it makes some sense for a policy-oriented book like this to find some common legal ground on a comparativ