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Internal Control Of The Customs Administrative Discretion

Posted on:2013-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhangFull Text:PDF
GTID:2246330377952838Subject:Law
Abstract/Summary:PDF Full Text Request
Discretion is widely found in the administrative and judicialactivities, the use of a double-edged sword, to bring the efficientadministration at the same time, it also brings the abuse of discretion.Therefore, to clarify the discretion of the objective existence ofmeaning, combing the problems and hazards of the abuse of discretion,to explore the discretion of the reasonable control of all administrativeauthorities, including customs, will have to face problems. In thecurrent academic research on the reasonable control of administrativediscretion, it is too much emphasis on the legislative control, judicialcontrol, external control approach to control of administrativediscretion, to some extent ignored the important role of internal control.Relative to the external control, homemade and good deeds may be theexecutive authorities, together with its own power to run the familiar,internal control is more targeted and effective. Meanwhile, theinstitutional environment in China is now the reality of a stronggovernment to strengthen the administrative organs of internal controlis an inevitable choice and effective strategies.The customs, for example, Customs Administrative Discretionadministrative discretion, is a "double-edged sword". Reasonable andeffective control based on the reality of China’s national conditionsand customs administration, the discretion of the customs administrationof an integrated, complex systems engineering, not only to work hard inthe legislative control and judicial control, but also to establish ainternal control mechanisms. Combines the customs administration andadministrative law enforcement practice, designed to strengthen theCustoms Administrative Discretion internal control mechanisms, from theestablishment of sound regulatory enforcement mechanisms, effectiveinternal oversight mechanisms, the scientific examination andevaluation mechanism, a strong self-correcting mechanism, long aspectsof effective team-building mechanisms, the establishment of a reasonableconfiguration of the various mechanisms and restrict each other, tocoordinate the development of systems of work. Through this internalcontrol mechanism to ensure the specification of the customsadministration discretion exercised.In this paper the general theoretical research (administrativediscretion Research and comparative analysis)-to ask questions(customs administrative discretion the right to control aspects of theproblems)-analysis of the problem (the significance and limitationsof external control and internal control research methods)-solve theproblem (to establish internal control mechanisms), the text is divided into three parts: Part I Introduction and Summary of the currentadministrative discretion of the status quo and in this articlesignificance; the second part of discretion and administrative freedomexplore; the discretion of the concept of the existence of the customsadministrative discretion in the third part of the necessity of theproblem and control measures, analyzed and summarized; limitations ofthe fourth part of the analysis of external control, regulate lawenforcement mechanisms, the internal oversight mechanisms, assessmentThe five aspects of the evaluation mechanism, self-correcting mechanism,team building mechanism, proposed the establishment of the CustomsAdministrative Discretion internal control concrete ideas to provide amethod for administrative organs to curb administrative discretion abusepath for reference.
Keywords/Search Tags:Customs, Administrative Discretion, Internal control
PDF Full Text Request
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