Customs Administrative Guidance

Administrative guidance is an administrative act that aims at the realization of certain administrative purposes, through non-mandatory means and interest-inducement to urge administration private party to perform or not to perform. Administrative guidance is a concept connected with modern market economy, democracy and nomocracy. As a result of the development of equality, consultation, cooperation and democratic spirit in modern administrative law, administrative guidance is also the evolution of the changes in modern country idea, the market economy, the government role and the administrative pattern.This article analyzes the necessity for customs administrative guidance, studies empirically the insufficiency of customs' administrative guidance and summarizes the existing shortage of administrative guidance practice. It puts forward the proposal for the legislation of customs administrative guidance too. General Administration of Customs should formulate "Customs Administration Guidance Means" to stipulate the customs administrative guidance principle, means, procedure and relief and so on.Because of the large number of local customs administrations with different situation, customs administrative guidance legislation should stipulate suitable measures and flexible principles to suit local conditions. The means of customs guidance should be enumerating and generalizing. The customs administrative guidance should not be formal administrative act. Customs administrative guidance should follow proper procedure and the principle of fairness and efficiency. Finally, customs administrative guidance should set up administration compensation as a main relief system.