Study On The Power Of Exit-Entry Frontier Inspection

Exit-entry frontier inspection, is a kind of administration management activities such as inspection and supervision of the implementation which the nation through the opening port of exit-entry frontier inspection authorities according to law over the entry-exit personnel, transportation and its carrying, carry the luggage, goods. It is to safeguard national sovereignty, defend national security, maintaining the social management order, and facilitate lawful entry and exit which is a necessary means to exit-entry administration work of an important component. Exit-entry liberty is the base of exit-entry frontier inspection system, which is the basic component of human rights, has experienced from the natural law to derive the transformation of positive law, which is based on the natural process of a kind of natural rights, in the meantime, it also is converted from the natural right of a kind of empirical rights. For the exit-entry administration concerned that any country to safeguard national sovereignty, security, we must maintain normal order of exit-entry. To a certain extent can say, no normal exit-entry order, state sovereignty, security can not be guaranteed. In our country, the offices of exit-entry frontier inspection by checking, investigation, management, and other means to strict anti-smuggling control legal prohibit passengers, effectively crack down on all illegal immigration activities; maintain normal exit-entry order, and protecting the nation’s security to create a good environment for the country’s economic construction. Therefore, although we can’t deny exit-entry liberty is a basic human right, in order to safeguard national sovereignty, security, social administration order and public interests, and for exit-entry liberty give the essential limit, it must be in want of public power reasonable intervention, this is the problem which rights and power configuration should face in the exit-entry administration activity. The reason of the power of exit-entry frontier inspection existing and running, except for the national management or power configuration requirements, as well as the social order, national security and civil rights protection needs outside, still have an important issue is it possesses very sufficient legitimacy.State power allocation is actually a political system design, is about state power organization form and the form of state structure of system design. The configuration of the power of exit-entry frontier inspection, should take the principle of national sovereignty as a starting point, and the law as the basic criterion, in order to ensure the basic right of citizens for foothold. This is the configuration of the power of exit-entry frontier inspection should follow the three basic principles, which is a mutual connection, indivisible organic whole, there exist inherent logic relationship. Among them, the principle of national sovereignty explains the origin of the power of exit-entry frontier inspection, and also is the base and starting point. The rule by law principle explains the basis and insurmountable boundaries of the power of exit-entry frontier inspection, which also is the criterion of the power of exit-entry frontier inspection. Guarantee basic civil rights principle explains the purpose and requirements of the power of exit-entry frontier inspection. The exit-entry frontier inspection administrative subject including the ministry of public security, the general station of exit-entry frontier inspection, border management team and immigration border check-posts. Because of the unity, specificity, centralization of the exit-entry administration affair, most of the exit-entry administration institution belong the central government, implement vertical leadership. At the same time, the particularity of law enforcement process also has its particularity. In the specific exercise of exit-entry frontier inspection, only exit-entry border check-posts are main body.The boundary of the power of exit-entry frontier inspection actually means as a type of public power, which exists in the society in breadth and depth. Due to the widespread exit-entry activity at present, the exit-entry administration activity has become the representative act under the contemporary Chinese social transformation period. In the administration of the exit-entry frontier inspection, how to use the power of exit-entry frontier inspection is actually make representatives of balance between the public power and the rights of citizenship. In practical terms, the frontier inspection behavior is entry and exit to legality and rationality the balance, to protect public interests and maintaining the balance of private interests, Pursuit is safe and improve efficiency of balance.The behavior of exit-entry frontier inspection will produce corresponding legal effect, which including granting the exit and entry; Administrative penalty after an exit and entry and exit and entry restrictions. In addition, entry and exit the frontier inspection behavior should be contains administrative fact behavior and administrative legal behavior of complex, but for the entry and exit the frontier inspection of administrative legal behavior, we also can’t simply defined as the administrative licensing, administrative confirmation, administrative penalty or administrative enforcement and other single properties of the specific administrative act.According to the present law, appeal, administrative reconsideration and litigation and corresponding administrative compensation mechanism is the legal relief main forms of the power of exit-entry frontier inspection. We should learn from civil servants, the appeal system, constructing the relatively complete appeal system, in order to fully guarantee relative person’s appeal rights of the exit-entry frontier inspection. In the existing legal system, whether administrative review, administrative litigation, or administrative compensation, laws and regulations are relatively little content, we must combine legal principle, perfecting procedure and content, in order to better protect the interests of a client.