Study On The Control Of Abuse Of Administration Discretion In Clearance

With the development of foreign trade and science and culture, as supervision of clearance, the function of customs continuously dilated. It owns more and more administration discretion. It is very important for ruling by law to have a correct understanding of administration discretion in clearance, to control its abuse effectively.Firstly, there is a foundation of the demonstration of the discretion. Through deep analysis of the origins and development of modern customs, the paper studies the natures and tasks of clearance. From the authority of the customs and the meaning of administration discretion, the paper defines the implication and feature of administration discretion in clearance.Based problem on the above theoretical describe and analysis, the paper studies existing base and emerging field of administration discretion in clearance, clarities its operation by the example of Shanghai Pujiang Custom. Combing law with practice, the paper discusses the performance of its abuse and risks. The paper points out the reasons of its abuse by using four examples.Finally, the paper gives some advice of its control from the practice. It is a systems engineering to control the abuse of administration discretion in clearance. We must build network synthesis of control through legislative, judicial, procedure , administrative to control the abuse of administration discretion in clearance effectively.