Research Of The Mechanism Which Controls The Customs Administrative Discretion

Administrative discretion is the core of modern administrative law and also an importantexecutive power conferred to the administrative organs by law. With the development of modernsociety, the administrative discretion presents a trend of expansion. The existence of theadministrative discretion, though on one hand meet the needs for developing the modern societyand improving the administrative efficiency, on the other hand, brings a lot of social problems andserious negative effects for its abuse. The introduction of administrative discretion though plays anindispensible role for the improvement of social construction under the law, however it wasundeniable that the abuse of administrative discretion is also co-existed. If it was exercisedproperly and rationally, it would promote and guarantee the rule of law, otherwise it wouldthreaten the rule of law seriously. How to manage the administrative discretion effectively to makeit serve the society best has become a very important issue for the legal system construction.However, in the modern society, the current multi-level social relations, the divers andcomplicated contradiction subjects, the conflict of interest in many areas as well as many otherfactors in systems, mechanisms, policies, laws and concepts have also increased the difficulties ofcustom enforcements, making the conflicts between the issues of law enforcement not unified andthe reasonable application of administrative discretion sharpened. By reconsideration of theconcept and necessity of administrative discretion, this thesis analyzes current performances andharms of the abuse of administrative discretion, studies the basic principles for controlling theabuse of it and probe into effective ways to control the administrative discretion such as: thelegislature prevent and control the abuse and corruption of administrative discretion; the judicialauthority control on the administrative discretion and the internal control of administrative organs.After integrating the practical use of administrative discretion in the process of the customsprofessional document examination, the thesis finally concludes that: the administrative discretionshould be well controlled in customs’ administrative punishments; a unified standard of lawenforcement should be further established, complete the enforcement basis and promote the lawenforcement unified and harmonious.