Research On The Customs Administrative Law Enforcement Responsibility System

Being the supervision and management organ of the country on imports and exports across the border, the customhouse has gradually become aware of the importance of the principle of administration by law with the implementation of the strategy of "Ruling the country by law" and "Building socialist law rule country". However, as one of the basic working guidelines for administration by law in the customs and the primary criterion for measuring the work of the customs, the implementation of administration by law is a long-term strategic task. Though through years of hard work, the customhouse administrative law enforcement level has been improved quite a lot, there are more requirements and new challenges arising in the scope of the customhouse with regard to the customhouse administrative law enforcement with China's entrance into the World Trade Organization and the incessant development in every aspect of the society. If we take a review on the actual law enforcement status of the customs, we can see that there still exist quite a few deficiencies which cause not only negative influence on our country's law rule construction and the democratic & scientific management in the customhouse, but more seriously, also infringements upon the legal rights of the administered parties. So, in order to solve efficiently the problems in the customhouse administrative law enforcement such as "Laws are not observed, not strictly enforced and lawbreakers not brought to book", a certain set of legal responsibility system i.e. the system of restricting and supervising the customhouse administrative law enforcement through the implementation of the customhouse administrative law enforcement responsibility system must be set up. In this text the relevant problems in the customhouse administrative law enforcement responsibility system are discussed on three aspects: In the first part the concept, features, operation mechanism and basic principles of the customhouse administrative law enforcement system are discussed. The customhouse administrative law enforcement system refers to a kind of customs administration supervision and management system, which is a kind of open, all-round, multi-level customs administrative legal responsibility system combining self-discipline with disciplining by others, takes the customs as its implementation body, the statutory customs supervision & management authorities upon the imports and exports across the border as its basic content, the abiding by the law enforcement authorities regulated by the customs law and other relevant laws & regulations to break down and put into effect the law enforcement responsibilities, to nail down the law enforcement scope and procedures to specific customhouse law enforcement personnel so to unify authorities performance and responsibilities assumption as its basic form. The customhouse administrative law enforcement responsibility system is a restrictive system on the power by responsibilities, a restrictive system on personal benefits, a restrictive system on the power by procedures, also a system for the customs administered parties to take part in the supervision. For the customhouse administrative law enforcement responsibility system, five basic principles i.e. legal enforcement, reasonable enforcement, justness and efficiency, openness and participation, the combination of rights and responsibilities have to be set.In the second part the systematic construction of the customhouse administrative law enforcement responsibility system is discussed on the following three aspects: First, the systematic construction of the customhouse administrative law enforcement responsibility system. From the industry features of the customs and the practices of the customhouse administrative law enforcement, the author suggests that there should be these basic systems regarding the customhouse administrative law enforcement responsibility system: the law enforcement qualification system that affirms and regulates the law enforcement qualification of the custom...