Reseach Into Anti-Dereliction Of Duty In Customs From The Perspective Of Rent-seeking Theory

Crime of dereliction of duty, which is harmful to regular management activities of state organs and gives rise to other heavy loss to public property, interests of the state and the people, is a conduct involving abusing authority, dereliction of duty and playing favoritism and committing irregularities for state personnel when exercise their public administration authority. With the promotion of state law construction and the perfection of citizen’s sense of rule by law, crime of dereliction of duty, as its hazard to society and its general relatedness to citizens, has gained increasingly attention from all aspects of society.As it is at the forefront of anti-smuggling and anti-corruption as well as its complicated law-enforcing environment, customs has gathered conflict of interests and has high risks in crime of dereliction of duty. In addition to the negative influences raised from Yuanhua Case in Xiamen and the attention from public to customs, customs has experienced arduous test of anti-crime of dereliction of duty from inside and outside. Therefore, deeply analyzing the features of the crime of dereliction of duty in customs, researching its disciplines, and discussing how to control crime of dereliction of duty have practical significance.At present, most studies which investigate the crime of dereliction of duty are from the prospective of law, discipline inspection and anti-corruption, rather than from that of the subject itself to analyze the relationship between the conductors and between people and society and their motivations. Based on reference of west rent-seeking theory, this article demonstrates the internal logistical relationship between the crime of dereliction of duty and rent-seeking behavior. Taking the rent-seeking theory as a tool, this article analyzes the rent-seeking features of customs’crime of dereliction of duty, its generation mechanism and growing trend, investigates the challenges raised from anti-misconduct work, inspects the international govern experience of crime of dereliction of duty, and put forward some countermeasures. This article regards the root cause of crime of dereliction of duty is the fail in state control of international trade as well as the agency acts. The way to govern crime of dereliction of duty is to innovate institutions and the overall thinking is:optimize government’s intervention to economic operational mechanism to control rent-seeking; complete the system of customs business management to compress the rent-seeking space; standardize the administrative enforcement power of law to increase rent-seeking costs; strengthen the protection of anti-misconduct for customs officers to control rent-seeking motivations.