Customs Passengers Inspection Discretion Research

Recently along with changes in the international situation, China’s reform and openingup process of deepening，passengers inspection enforcement face with many newproblems and challenges. It mainly include traditional and non-traditional challengesand threats growing,unlimited growth of inbound and outbound business to limitedregulatory resources enormous pressure, administrative counterpart growingawareness of rights, justice and public opinion has intensified. Passengers inspectionis an important content of the Customs to perform its regulatory functions accordingby law. Passengers inspection department is a typical " street-level bureaucracy "group in China Customs. They have great discretionary power, high sensitivity, smallbinding,so that there is a huge risk of abuse which should not be overlooked. Reasonable control of the passengers inspection discretion is undoubtedly importantand difficult reform of the passengers inspection enforcement. The purpose of thispaper is crack the main contradiction and proposed to deepen the reform of thepassengers inspection discretion, and promote the process of customs modernizationby studying the passengers inspection discretion problem.In this paper, method of study include the standard research, empirical studies andliterature research. First, from the theoretical and practical circles at home and abroadon the discretion of the Administrative Management of freedom and CustomsEnforcement were summarized and analyzed. We found few studies from the microlevel, especially in conjunction with the specific circumstances of the passengersinspection scene. Based on this, combined with relevant experts and scholars to studythe outcome of the administrative discretion, we defined the passengers inspectionenforcement of customs, the passengers inspection of discretion and its key issues---reasonable quantity and for private use, and their basis exists. Next comprehensivelyexpounded abuse of discretion performance problems and hazards.“Street-levelbureaucratic theory”is used for passengers inspection discretion analyzed in thispaper. While specific behavior, we analyzed the causes of abuse of discretion in thepassengers inspection. In this paper, Liuting Airport Customs is an analyze samples.We introduced its the situation of discretion control, and a summary and commentary. Finally, this paper analyzes the results of the previous section, shows own ideas toimprove passengers inspection discretion,which is mainly include strengthen the legal system construction, building the passengers inspection enforcementinformation platform, optimizing the layout of the passengers inspection channels andcreate a scene,"personification" frontline law enforcement personnel.