Study On The Customs’ Discretion Of The Supervision To Entry And Exit Cultural Products

Customs which is in the first line of the opening to the outside world,not only relates to combat smuggling,maintaining national security and social stability,and relates to a sensitive political and diplomatic issues,maintaining national political stability,has high sensitivity to changes in the political and economic situation and correlation,responsible for the maintenance of the country’s foreign economic relations and trade security and prevent erosion by the various reactionary,decadent ideas and culture within and outside.However,due to the characteristics of cultural products,the use of discretion in the regulatory process is more often.Discretion is a "double-edged sword",proper and reasonable use is conducive to the Customs’ "administration according to law,checks for the country,economic services,and promote development" abuses led to violations of the rights of administrative relative person and even litigation.Based on the culture of regulatory discretion is used in research on how to effectively regulate cultural product recommendations for the use of discretion in the regulation.This paper is divided into four parts:The first part analyses the background and significance of the study on the regulation of customs supervision of cultural products of discretion and according to the domestic and foreign research,confirmed the significance that from the perspective of cultural products regulatory discretion of customs regulation.In the second part,carries on the elaboration to the basic concepts and theoretical basis,analysis of characteristics of the supervision and administration of cultural products,customs in the working process of discretion use the characteristic and necessity of analysis,below the discretionary right of improper use cause problems to pave the way.In the third part,the paper describes the implementation of the customs of the supervision of cultural products,through the typical case analysis,the paper concluded that the customs in the supervision of the cultural products of the existing problems.Finally,the causes of the problems caused by the abuse of discretion are analyzed.In the fourth part,from four aspects:the self-regulation,the development of "cultural products on the blacklist",improving the examination system,improving the relief of administrative adjudication,proposed the customs regulation of the cultural products regulatory discretion in the feasibility ways.