The Plight Of The Customs Administrative Law Enforcement And Breakthroughs

Customs import and export supervision and management of state agencies in building the rule of law against the background of the country in recent years, the Customs Department to vigorously implement the law, the Customs at all levels understand the legal system building efforts, the Department has been improved overall, but the Customs and Excise Department administrative review, court cases, law enforcement corruption cases that exposed the problem of law enforcement, customs in the strict and fair law enforcement, law enforcement duties, honest law enforcement, there are still some problems, there are many difficulties besetting the Customs according to law there is no breakthrough. Although the Department has begun to attach importance to issues of administrative law enforcement, customs and law enforcement experience and summarizes some of the problems, but the long emphasis on the implementation of the Customs Enforcement Act of hard, but actually there is a lot of soft law in customs, so the soft law implementation of mixed hard and soft law enforcement questions exist on the lack of research, to improve further the level of enforcement of customs administration to ensure that law enforcement can withstand judicial review, the author customs administrative law enforcement on how to resolve the plight of the theme to introduce soft law theory as the starting point of soft law through the origin, leads to the concept of soft law and its connotation and extension, and in mixed hard and soft law governance perspective, trying to combine theoretical and empirical approach, on the Customs Administrative Enforcement the plight of the existence and causes of the empirical analysis, and then puts China's Customs Administration enforcement of countermeasures and suggestions, which concluded:Contemporary Chinese customs, to do according to law, in the implementation of good laws, regulations, rules and other "hard law" we should also attach importance to rules, regulations, systems and other "soft law" resources, using "soft" and "hard" and applied the mixed model, promote and protect the customs administration and law enforcement to follow the track of the rule of law, to better perform its functions, safeguard national interests, protection of civil rights.