The Control Of Customs' Judicial Discretion In Customs Clearance

With the rapid development of universal economy and China's foreign trade, as governing department on Customs clearance, Customs holds more and more judicial discretion with its function constantly enlarged. Proper recognition of, effective control and prevention it from being abused are very meaningful to propel the standardization of Customs clearance.In this dissertation, based on the research of the causes from and ways in which Customs'judicial discretion arises, with Customs clearance as specific target, the author makes an analysis of some profound reasons of which judicial discretion is abused in Customs clearance, furthermore, he makes some suggestion on controlling of Customs'judicial discretion and studies the guide of the reforming of Customs clearance. There are four sections altogether in this dissertation, the details are as follows:In the first section, the author lay some academic ground on the judicial discretion. He makes an illustration of the rights and obligation our Customs holds, gives an introduction of the current condition of Customs clearance, and makes an analysis of the conception, principal and classify of judicial discretion, by which, the author gives scientific definition and characteristic of it.In the second section, the author analyzes on the problems arising from the application of Customs'judicial discretion, namely, the demerits existing in legislation, enforcement and governing. These demerits directly creates comprehensive actual foundation to the abusing of customs'judicial discretion.In the third section, based on the introduction of an cases, the author points out the range of which judicial discretion is abused and the hazards to country, society and customs thereof. The author maintains that persons held liable must be punished, accordingly, hold administrative and criminal liability.In the fourth section, pursuit to the practice of Customs clearance, the author make some proposal of the effective control of Customs'judicial discretion, and assert that it is essential to continuously optimize external control measure including legislation, justice, administrative publication, and to construct the integrated governing network. The author gives some new ways to propel the reforming of the management of the Customs clearance, pursuit to solve the problems arising from the Customs clearance.