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Jurisprudential Thinking On Problems Of China's Administrative Penalty Implementing Regulations Of The Customs

Posted on:2007-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q J ZhangFull Text:PDF
GTID:2166360215486832Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The basic task of the jurisprudence is that it come to probe into the general principle and the question with fundamental of the law in legal practice by study the phenomenon of legal. After "administrative penalty implementing regulations of the customs of the People's Republic of China" (hereafter referred to as "regulations") are implemented, Through jurisprudential thinking on problems of it, it not only has facilitated understanding and implementation of regulations and offered the suggestion legislating for consummating regulations, but also has help to offer for practice with theoretic referenced suggestion.Article started from the legislative background of regulations, discussed the realistic foundation of regulations and legal principle basis, the article' purpose was to expound regulations was based on solid social foundation; it was necessary to connect and inherit with on position law; it was active and motile responses to customs' administrative penalty; it was the demand of the consummate legislation; it also was roundly fulfills necessity of the WTO member nation' duty for our country.The second part of article analyzed phenomenon that regulations was a large amount of customs' administrative discretional power, author thought the excessive discretional power must have influence customs administrative penalty power for implement in reason and equity. For the power of rational, just application, it was necessary to establish a control system of legislation, judicature and self-administration, in order to accord with the real purpose of the legislature to endue with discretional power.Third part of article probed into problems such as primary basis of regulations,confirming marine(river) smuggling behavior,behavior with responsibility consistency principle etc. Author thought it regarded the law of customs as primary base of regulations, at the same time, could not weaken the important position of the law of administrative penalty; affirm marine(river) smuggling behavior on the standard, the customs should reinforce, consummate the provision of regulations, establish a all-around and rational standard for marine(river) smuggling behavior. About the analysis of the content of "behavior with responsibility consistency principle", aimed at which regulations should enrich it was established by Law of the People Republic of China on administrative penalty. During the process of thinking on problems, and then try to pursue the origin of the problem, on the base, offer in practice and theory referenced advice to consummate regulations.
Keywords/Search Tags:Regulations, Administrative penalty of customs, Jurisprudence, Administrative discretionary power, Consummate
PDF Full Text Request
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