The Study On The Exercise Of Discretion In Customs Supervision On Passengers’ Carried Baggage

Discretion is the core power of customs supervision on passengers’carried baggage. It is not only the requirement of the complexity of the job, but also the necessity of work efficiency increasing and the remedy for the limitations in the relevant laws and regulations, so that the exercise of discretion is very necessary. However, the exercise of discretion is a two-edged sword. In the practice of customs supervision on passengers’carried baggage, there exist so many problems in the exercise of discretion, such as legal but unreasonable conduct, casual law enforcement, illegal procedure, corrupt and ect. These all lead to a significant issue on how to effectively regulate the power when putting discretion in practice for customs and other relevant government departments. In stand of guaranteeing the proper exercise of discretion, avoiding the abuse of power and alleviating the harm of power abusing, we must take varieties of actions to build up an all-wave control system.This article is based on serials of administration theories of public power running, power restriction and supervision, government failure and etc. Firstly, it carries out an analysis in the special situation of discretion exercise in customs supervision on passengers’carried baggage. Lay out the main problems like unilaterally emphasizing on legality and ignoring rationality, injustice lead by excessively casual discretion, illegality of discretion procedure, exercise of discretion for illegitimate purpose and etc. Secondly, it put an analysis on the harm of improper exercise of discretion. To speak that the harm includes damaging the image and reputation of Customs, affecting the efficiency nd order of ports’passing, making against the stabilization and prosperous of the country, promoting the bureaucracy and privilege doctrine, corrupt and ect. At last, it finds out causes of improper exercise of discretion. Laying out the reasons as incomplete of laws and regulations, disunity of discretion standard, personnel’s lack of necessary diathesis for work, insufficiency control of public power and ect.Based on the above theories, considering the task and the reality of customs supervision on passengers’carried baggage, we can conclude that the exercise of discretion in customs supervision on passengers’carried baggage must satisfy four conditions:adhering to the principle of legality, adhering to the principle of rationality, improving the comprehensive quality of customs officers, and establishing a perfect self correcting mechanism. Only in this way the discretion can be supervised and limited effectively, and the well-ordered operating of power can be guaranteed, the social harm can also be reduced.