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Financial revenue and expenditure
Income and expenditure of various funds
Financial revenue and expenditure refers to the revenue and expenditure of various funds used by state organs, state-owned financial institutions, enterprises and institutions and other organizations to handle accounting affairs, conduct accounting and exercise accounting supervision in accordance with the provisions of the State's financial accounting system.
[1]
- Chinese name
- Financial revenue and expenditure
- class
- Concept definition
- Inner volume
- Audit of financial revenue and expenditure
- Relevant law
- " Audit law "
catalogue
According to the
Audit law
Articles 8 to 25,
State audit institution
The main contents of the audit object of financial revenue and expenditure include the following aspects:
1. Financial revenue and expenditure audit of financial institutions
According to Article 18 of the Audit Law, "The National Audit Office shall exercise audit supervision over the financial revenues and expenditures of the Central Bank. Auditing institutions shall exercise supervision through auditing over the assets, liabilities, profits and losses of state-owned financial institutions." The central bank is the People's Bank of China, which is a department of The State Council and is the government's bank. State-owned financial institutions, including state policy banks, state-owned commercial banks, state-owned insurance, trust investment, securities operations, leasing institutions, other state-owned financial institutions.
(1) Audit of financial revenues and expenditures of the Central Bank.
People's Bank of China
Its branches are the audit objects of China's supreme audit institution, that is, the National Audit Office, and may not authorize lower-level audit institutions to audit. The content of the audit of the central bank should include two aspects: first, the examination of the truth, legality and efficiency of the financial revenues and expenditures and the results of the financial business activities; Second, after examining whether the People's Bank of China has deducted its income from its expenditure in each fiscal year and has withdrawn the total reserve fund in accordance with the proportion approved by the State
Net profit
And turn all of them over to the central government.
(2) Audit of assets, liabilities, profits and losses of national financial institutions. According to the
Audit law
Article 18, paragraph 2, stipulates that audit institutions treat state-owned financial institutions or financial institutions with state-owned assets in a holding or dominant position as state-owned enterprises do
assets
,
Be in debt
Carry out audit supervision on profit and loss. In terms of assets, its internal control system, loan business, interest calculation,
receivable
,
Low value consumable goods
,
Fixed assets
,
Intangible assets
,
Deferred assets
And other assets are audited. In terms of liabilities, mainly right
Current liabilities
and
Long-term liabilities
The authenticity and legality of the audit. In terms of profit and loss, the authenticity, correctness and legitimacy of various income, investment income, lease income, various expenses, income distribution and other aspects are audited.
2. Audit of financial revenue and expenditure of business organizations
Article 19 of the Audit Law stipulates that "audit institutions shall exercise supervision through auditing over the financial revenues and expenditures of State institutions." The term "state institutional organization" refers to a non-profit organization established by the State that is not directly engaged in the production of material materials but for the purpose of improving social production and the people's living conditions and enhancing the people's material and cultural life and developing scientific and cultural education, medicine and health and welfare relief. Schools, scientific research institutions, literary and artistic groups, hospitals, medical and health quarantine institutions, radio, television and film institutions, libraries and gymnasiums established by the State are all state institutions. The state finance adopts the budget management method of full budget appropriation, balance budget appropriation and self-income and self-expenditure for state institutions respectively. However, no matter what kind of management method is adopted, these units are the objects of supervision by audit organs. It is worth mentioning that if the public institution implements the management of enterprise and implements the relevant regulations of the state on enterprises, it will no longer be treated as a public institution.
Audit of the financial income and expenditure of public institutions, one is to audit its income, mainly to examine the compliance of institutional charges, whether there is unauthorized setting of projects, beyond the scope, beyond the standard income, whether all accounts, whether there is a phenomenon of sharing before collecting, more than sharing less and spending, whether the correct calculation of taxes, and whether there is tax evasion. The second is the audit of its expenditures, mainly examining whether various expenditures violate the relevant provisions of the state and whether they are real and legal. The third is the audit of its costs and expenses, mainly examining whether various costs and expenses exceed the scope and exceed the standard phenomenon, whether they follow the matching principle,
Principle of accrual basis
Whether the calculation is correct, there are no planned costs, estimated costs instead of actual costs. In addition, it is necessary to examine whether the budget balance calculation of public institutions is correct and true, whether special funds are drawn and used in accordance with regulations, and whether the scope of expenditure is expanded and the expenditure standard is raised.
3. Audit of corporate financial revenues and expenditures
Article 20 of the Audit Law stipulates that "audit institutions shall exercise supervision through auditing over the assets, liabilities, profits and losses of state-owned enterprises." Article 22 states: "Yes
State-owned assets
An enterprise holding a controlling or dominant position
Audit supervision
Shall be stipulated by The State Council." It can be seen that our audit institutions not only have the right to audit the financial revenues and expenditures of state-owned enterprises, but also have the right to audit the financial revenues and expenditures of enterprises whose state-owned assets occupy a holding position or a dominant position. An enterprise in which state-owned assets occupy a holding position refers to an enterprise in which state-owned assets account for more than 50% of the total assets of the enterprise. An enterprise dominated by state-owned assets means that although state-owned assets do not occupy a controlling position in the enterprise, the amount of capital invested by its assets is larger than that of other shareholders.
The audit of state-owned enterprises mainly includes the audit of their assets, liabilities and profits and losses. The scope of audit and supervision of State-owned enterprises shall focus on: first, State-owned enterprises having a major relationship with the national economy and the people's livelihood, such as state-owned enterprises arising from the foundation of the national economy, State-owned enterprises arising from the pillars of the national economy, and other state-owned enterprises having a major impact on the national economy, including posts and telecommunications, communications, transportation, energy, aviation, iron and steel, electric power, national defense industry, high-tech electronics industry, etc. Commercial enterprises, food industry, etc. Second, state-owned enterprises that receive more state financial subsidies or have larger losses, and enterprises that receive more state financial subsidies include the bus industry and gas companies. (3) State-owned enterprises designated by The State Council and the local people's government at the same level. Regular audits shall be conducted on all enterprises within the key scope of audit supervision.
4. Audit of financial revenue and expenditure of national construction projects
According to the
Audit law
Article 23 :" Audit institutions shall exercise supervision through auditing over the implementation of the budgets and final accounts of state construction projects." In terms of the implementation of the budget, the key contents of the audit are: whether the construction project is strictly implemented in accordance with the approved budget content, whether the budget is exceeded; Whether the construction expenditure is appropriate, whether it should be included in the scope of the construction project, whether it is in line with the budget and the original plan, and whether there is any off-design investment; Whether the amount of labor employed for the investment transferred after the expenditure is in conformity with the provisions, and whether there is any false reporting; Whether the completed investment workload is consistent with the actual progress, consistent, etc. In the completion of the final accounts, mainly the basis for the completion of the final accounts, project construction and budget implementation, the delivery of property and construction progress, transfer of technology capital, final works, balance funds, capital expenditure and expenditure, investment contract results, completion of the final accounts, investment benefits and other contents of the audit and evaluation.
5. Audit of financial revenue and expenditure of funds and funds
According to Article 24 of the Audit Law, "audit institutions shall conduct audit supervision over the financial receipts and expenditures of social security funds, social donated funds and other relevant funds and funds administered by government departments and social organizations entrusted by the government." First, to examine whether the various funds and funds raised are real and legal; The second is to review whether the management of various funds and funds is reasonable and legal, whether it is special, whether it is misappropriated, lost and wasted, and whether it is corrupt; Third, to examine the authenticity and legality of various funds, income and use of funds; The fourth is to examine the truth and legality of the withdrawal and use of management fees of social security fund management institutions, as well as the correctness of cash receipt and payment and accounting.
6. Audit of financial revenue and expenditure of foreign aid and loan projects
According to Article 25 of the Audit Law, "audit institutions shall conduct audit supervision over the financial revenues and expenditures of aid and loan projects of international organizations and foreign governments." First, audit the financial revenues and expenditures of international financial organizations' assistance and loan projects. Mainly review whether the types, formats and accounts of statements meet the standards; Whether the report data is correct; Whether the report content is true; Whether the basis of the statement is consistent; Report description and supplementary information are complete, etc. The second is to borrow from our country
Foreign government loans
Or audit the authenticity, legality and effectiveness of the financial revenues and expenditures of the foreign funds and supporting funds of the projects assisted by it. It mainly examines whether the financing and use of foreign government loans conform to the relevant provisions of China's loan agreements and foreign exchange control and financial control; To examine whether the equipment and materials purchased with loans from foreign governments are used in accordance with the prescribed purposes; To examine whether the matching funds for foreign government loan projects have been invested in time; Review the effectiveness and solvency of foreign government loan projects.
The acts of financial revenue and expenditure in violation of state regulations include squeezing costs, arbitrarily spending expenses, falsifying profits and losses, arbitrarily listing non-operating expenses, concealing sales income and non-operating income, and misappropriating special funds.
Audit institutions may either deal with or punish the acts of the auditees that violate the financial revenues and expenditures prescribed by the State. The types of punishment are: (1) warning, notification of criticism; (2) a fine; (3) confiscation of illegal gains; (4) other punishments taken according to law.
The specific practices are: the audit institution shall order corrections within the scope of statutory powers, give warnings, circulate criticism, and deal with the illegally obtained assets in accordance with the five ways of audit treatment. If there are illegal gains from violating the act of financial revenue and expenditure, a fine of not less than one time but not more than five times the illegal gains shall be imposed; If there are no illegal gains, a fine of not more than 50,000 yuan shall be imposed. Where laws and administrative regulations provide otherwise on the handling and punishment of the audited entity's financial revenue and expenditure acts in violation of State provisions, such provisions shall prevail. As...
Provisional Provisions of The State Council on Penalties for violation of Financial Regulations
If illegal gains can be confiscated, the audit institution may implement them in accordance with this provision. If the audit institution considers that administrative or disciplinary sanctions should be imposed on the persons in charge and other persons directly responsible for the auditee, it shall put forward proposals to the departments or units concerned for administrative or disciplinary sanctions. The relevant departments and units shall make decisions in a timely manner and notify the audit institution of the results in writing. Where the audited entity's financial revenues and expenditures violate the provisions of laws or administrative regulations and constitute a crime, the judicial organ shall investigate the criminal responsibility according to law. This is also a matter of unit crime, according to the
Penal law
The relevant provisions of "investigation
Criminal legal responsibility
.
Ministry of Finance, Audit Office, Ministry of Supervision,
Supreme People's Procuratorate
On January 19, 1998, jointly issued the "Notice on Seriously investigating the responsibility of persons who violate the law and discipline of disrupting the financial order" (Financial Supervision Word 1998 No. 4), reiterated the issue of investigating the administrative responsibility and criminal responsibility of the relevant responsible personnel in violation of financial revenues and expenditures, and asked to change the ineffective punishment of the responsible personnel, to compensate for the punishment, to replace the punishment, the phenomenon of things not people. If the relevant personnel need to be investigated for administrative responsibility, they shall be transferred to the relevant administrative supervision department for investigation and handling; Where criminal responsibility needs to be investigated, the case shall be promptly transferred to the judicial organ for handling according to law. Financial and audit institutions at all levels are required to attach great importance to the accountability of those who violate laws and disciplines, take effective measures to implement it, and regard this work as an important part of the performance of evaluation units and cadres. Administrative supervision and procuratorial organs at all levels are required to seriously study and deal with suggestions on holding relevant personnel accountable in accordance with the provisions of relevant laws and regulations, and give timely replies.
The distinction between fiscal revenue and expenditure should be mainly considered from the following points:
First, it should be understood in combination with the definition of financial revenue and expenditure
Fiscal revenue and expenditure is a theoretical generalization of the redistribution of social products in the form of funds from the perspective of the state. All fund activities that fall within the scope of state allocation are called fiscal revenues and expenditures. From the perspective of departments, enterprises and units, financial revenue and expenditure is a theoretical generalization of the capital movement reflecting their economic activities. Any unit capital activity that has no direct contribution or appropriation relationship with the financial department is habitually called financial revenue and expenditure.
Second, it is necessary to combine the Audit Law and the Audit Law.
Budget law
"And" Budget Law Implementation Regulations "and other relevant provisions to understand
Article 2 of the Audit Law stipulates the principles of revenue and expenditure. The audit institution shall exercise responsibility over all departments and departments under The State Council
Local people's governments at various levels
The fiscal revenues and expenditures of its various departments and the financial revenues and expenditures of state-owned financial institutions, enterprises and institutions shall be subject to auditing supervision. This actually makes it clear that the targets of fiscal revenue and expenditure audit are mainly departments under The State Council and local people's governments at various levels and their departments.
Article 16 and 17 of the Audit Law further provide for the audit of revenue and expenditure. Audit institutions shall exercise supervision through auditing over the implementation of budgets, final accounts and other fiscal revenues and expenditures of all departments at the corresponding level (including units directly under them) and of the governments at lower levels. Audit institutions shall exercise supervision through auditing over the implementation of budgets and other fiscal revenues and expenditures at the corresponding levels. As provided in the Budget Law and the Regulations on the Implementation of the Budget Law, "departments at the same level" refer to the state organs, armed forces, political party organizations and social organizations "directly affiliated units" that have a direct relationship with the financial departments of the government at the same level, and refer to the enterprises and institutions that have a direct relationship with the financial departments of the government at the same level. The people's governments at the corresponding levels herein refer to the people's governments at the corresponding levels of the audit institutions that issue audit decisions.
The financial revenues and expenditures of the units with direct payment and appropriation relationship with the financial departments are connected and crossed, and it is still difficult to divide them. It cannot be considered as fiscal revenue and expenditure just because it is a state organ, and some enterprises and public institutions and other organizations also have fiscal revenue and expenditure. This is because these units may have both financial revenues and expenditures; The funds allocated by the State budget to the budget unit are, from the point of view of the state, fiscal revenues and expenditures, and from the point of view of the unit, it is customary to call them financial revenues and expenditures. Thus, it can be seen that it is difficult to determine whether the illegal behavior of an audited unit belongs to the behavior of financial revenue and expenditure or the behavior of financial revenue and expenditure.
Third, it should be understood in combination with the provisions of the "Opinions of the National Audit Office on Several Issues concerning the Implementation of the Revised Audit Law" (Audit Law Fa (2006) No. 25)
Article 7 of No. 25 of the National Audit Commission (2006) stipulates that the departments that specifically organize the implementation of budgets at the corresponding level shall, State organs, social organizations and other organizations that have a direct relationship with the financial departments of the people's governments at the same level in relation to payment and appropriation (" other organizations "here include political party organizations that have a direct relationship with the financial departments of the people's governments at the same level in relation to payment and appropriation, and enterprises and institutions that are budget units at the same level.) If the people's government at a lower level is not satisfied with the audit decision made by the audit institution in conducting audit in accordance with Article 16 or Article 17 of the Audit Law, it may apply to the people's government at the corresponding level of the audit institution for a ruling, and the ruling of the people's government at the corresponding level shall be final.
The general principles for determining fiscal revenue and expenditure are as follows:
First, as long as they are departments that specifically organize the implementation of budgets at the same level, regardless of whether the nature of the unit is a state organ, or a social organization or other organization, as long as the above units have a direct relationship with the financial department of payment and appropriation (only indirectly related to financial revenues and expenditures), and the audit institutions audit them in accordance with the provisions of Articles 16 and 17 of the Audit Law, Collectively referred to as auditing legal revenues and expenditures.
The economic responsibility audit mainly focuses on financial revenue and expenditure, while the financial revenue and expenditure mainly focuses on financial revenue and expenditure.
In addition to the circumstances of 1 and 2, collectively referred to as financial revenues and expenditures.
