Customs Administrative Licensing As To Define And Control

Administrative license is an important measure for Customs'effective supervision and control, and it has the close relation with economy, society and the immediate interests of citizens. The omission of administrative license in Customs infracts individual legal rights and interests as well as public interests, which runs counter to administration by law. The best way of promoting Customs'administration complying with law is having the correct understanding of the omission of administrative license in Customs and enhancing the control. According to relevant theory of administrative omission and administrative license, the omission of administrative license in Customs should be defined as Customs has to fulfill the legal and positive administrative license obligations, but it doesn't do in the procedural stage exceeding the time limited although it has the capability of performance. It is an illegal administrative act, and it should include the omission in all stages of administrative license, such as prescript, examination and approval, supervision and so on. In order to enhance the control of the omission of administrative license in Customs, it's necessary to discuss its liability and remedy on the foundation of the research of its meaning. The legal liability the omission of administrative license in Customs producing includes criminal liability, administrative liability and liability for compensation. The scope of the remedy of the omission of administrative license in Customs is relatively limited, and the means of the remedy mainly includes affirming Customs violated the law, commanding Customs to execute duty and commanding Customs to compensate. Investigating liability and accomplishing remedy availably requires the warrant the legislation and correlative systems providing, moreover, compared with the control after the event, the control beforehand has more positive sense. Based on the reasons that some Customs officers'concept turns from a correct track, the legislation is imperfect and correlative systems are faulty, Customs officers'concept of law enforcement of administrative license should be improved, the legislation of administrative license in Customs and some laws should be consummated, and the systems of administration, supervision, liability investigating and processing and administrative license should be built and perfected, to normalize the act of administrative license in Customs and control the omission of administrative license effectively.