Discussion On The Application Of Administrative Guidance In Entry And Exit Inspection And Quarantine

Administrative guidance is an act made by administrative subject within the sphere of its functions and powers out of necessity of administrative management and society development, which exerts influence on the administrative counterpart under the legal framework by guidance, assistance, advice, suggestion and other unenforceable means to make the administrative counterpart do or not do certain act. Administrative guidance has been widely applied in Japan and European countries after WWII and promoted development of public management. As the gatekeepers of the quality and safety of the entry-exit products, the entry-exit inspection and quarantine institutes must transfer functions from"guarding"to"guarding and serving"in the new circumstance, by using their information and technology advantages to help the foreign-trade enterprises in their areas to break through trade and technology barriers, improve the quality of products and decrease illegal acts. Being a flexible administrative method, administrative guidance has the features of administrative, directive and nonauthoritative. By applying administrative guidance in the work, entry-exit inspection and quarantine institutes could transfer functions and serve the foreign trade enterprises better and boost the economic development. Though much applied in the entry-exit inspection and quarantine, the research on theory and system of the entry-exit inspection and quarantine administrative guidance is still in the embryonic stage. It is necessary to analyze the application value of the entry-exit inspection and quarantine administrative guidance and summarize the practice of administrative guidance in the entry-exit inspection and quarantine. Taking the basic theories of administrative guidance and survey and challenges of entry-exit inspection and quarantine as the cut-in point, this paper tries to analyze the application value from the perspective of function-transfer, administrative efficiency, and entry-exit inspection and quarantine harmony in the first and second chapter. In the third chapter, the paper takes the actual practice of administrative guidance in Jilin Entry-Exit Inspection and Quarantine Bureau as example to review the current situation and problems of administrative guidance in entry-exit inspection and quarantine. At last, the author gives the advices on improving administrative guidance in entry-exit inspection and quarantine: 1. keeping to the basic principles of applying administrative guidance in the entry-exit inspection and quarantine which include legality, proportionality, trust protection, voluntariness and due process; 2. strengthen academic research on administrative guidance in the entry-exit inspection and quarantine; 3. setting up the procedures of administrative guidance in the entry-exit inspection and quarantine including information release system, act-open system and liability system; 4. specifying the application scope of administrative guidance in the entry-exit inspection and quarantine: in the field of administrative execution, administrative guidance mainly consists preventing illegal activities, give warning on light violations, and return visit to the fore-cases, with the ways of warning, advising, dissuasion and persuasion; in the field of giving services to the import-export enterprises, the ways would include leading policy, administrative outline, guidance plan, releasing information, guiding, coaching, suggesting, assisting, encouraging, persuading, consulting, communicating, coordinating, demonstrating, recommending, popularizing, counseling, etc., the scope of application mainly include assistant director of handling entry-exit inspection and quarantine procedures, whole-process service on the key and high-risk varieties, releasing the latest quality developments of international trade, information and technical support of the technical barriers, publicity and instruction of entry-exit inspection and quarantine policies, helping the enterprises to use tax-cutting policies in the certificate of origin and fee-cutting policies of inspection and quarantine to reduce cost and increase benefits.