The Study Of Administrative Control On Customs Discretionary Power

With the incessant increase of the customs functions in recent years, the scope and the varieties of the administrative discretionary power of the customs are also expanding unremittingly. Being the core of the customs administration power, the administrative discretionary power of the customs answers to the need of modern customs administration that facilitates positive administration, also contains possibility and is prone to show facts of being abused from which great damages can be subsequently caused. therefore, the efficient control on the administrative discretionary power of the customs seems to be more important. This text aims to probe into more efficient control on the customs administrative power of discretion by administrative methods.Firstly, the paper proceeds the review and comment on the concept of administrative discretionary power, and draw a definition on customs discretionary power, that is, customs make an administrative decision and administrative explanation on fact which has not restricted by definite law and rules, according to the available principles and spirits authorized by laws, or customs make a decision in the range of definite law and rules. Surrounding the theory of dominating and investigating on administrative discretionary power, experts and scholars have carried out quantities of study and practice and search, finally, three kinds of control theory have been formed, including legislation, jurisdiction, and administration. The relative control mode includes strict authorization, judiciary examination and administrative control, which has its own advantages and disadvantages. The viewpoint of the paper is that administrative control ought be the best method because it can obtain quick results in present stage. Administrative organs recognize their advantages and disadvantages more clearly, and they can take effective measures and realize the just of discretion.After the elaboration on the availability of administrative control, the paper introduces the legal foundation, realistic foundation, categories, characteristics, principals, specific requests of customs discretionary power. Next, the paper proposes explicitly that customs must conform to the legal goal and consider all kinds of comprehensive factor and fulfill the legal procedure, in order that customs can abide by the law to protect the interests of the relative person and promote the develop of import-export trade. Nevertheless, there are quantities of phenomenon of abusing customs discretionary authority in the law enforcement practice, such as abusing abstract customs discretionary power to increase the duty on the relative person unilaterally, and being affected by non-correlated factors in punishment and supervision to make obviously unfair decision, and intentionally dragging or giving up wielding customs discretionary power. The above behavior violate the basic principle of customs discretionary power and violate the legal goal, so that it causes great harm to society and customs itself. Recessive corruption start to spread in customs, and bureaucracy and special privilege mentality have not been changed after repeated correction, evenly lead to administrative compensation, frequently create heavy loss for the state finance.There are several reasons on creating abusing customs discretionary power, such as system stratification and ethics idea and outside environment. Supervising mechanism have not displayed function, and administrative law enforcement responsibility system have carried out with difficulty in spite of system's existence. Special privilege mentality is ingrained, and mechanical law enforcement psychology causes trouble at times. The level of abiding the law of import-export enterprises is irregular. The local government request policy and bend rules for the sake of attracting investments and ensuring import-export achievements. In order to guarantee the reasonable and legitimate use of customs discretionary power, the customs must withstand the outside pressure, and strengthen its own quality, and control actively the efficiency and potency of power exercise. The paper proposes five methods in view of system stratification and ethics idea. Firstly, the idea of administration according to law should be enhanced, and the quality of customs officer should be improved. Secondly, the administration reconsiders should be enhanced in order to protect the administrative relief validity. Thirdly, the inner supervision should be strengthened. Ubiquitous and powerful supervision cause officers not dare to enforce the law optionally. Fourthly, administrative law enforcement responsibility system should be consummated and carried out, in order to make law a doubled-edged sword. Finally, the construction process on administrative ethics system should be speed up. Correct ethics idea help the officers make justness choice when facing with numerous benefit conflicts and keep the independency in work.