Study On The Regulation Of Administrative Discretion And Its Execution In Customs Passengers Inspection

As the core element of Customs Passengers Inspection power,the execution of Administrative Discretion determines law enforcement level of Customs Passengers Inspection.The emergence of Administrative Discretion is the objective requirement of the complex situation faced by Customs Passengers Inspection,which is also the inner requirement of improving administrative law enforcement efficiency.Meanwhile,it is also the real demand of fulfilling the legal gaps and refining the specific law enforcement requirements.However,the execution of Administrative Discretion has always been a double-edged sword,in the process of executing power,due to complex subjective and objective factors,lead to more or less unhealthy phenomena,such as unconscionability,procedural illegality,power abuse.How to execute Administrative Discretion correctly,regulate and control power effectively on the premise of legal are huge challenges faced by customs and other government departments.To guarantee execution of the execution of Administrative Discretion correctly,reduce the negative effects of Administrative Discretion,avoid improper behavior,lighten harm of improper behavior,we must take measures to build the regulation combined with inside and outside.This paper studies on the execution and regulation of administrative discretion based on Street-level Bureaucrat Theory,New Public Management Theory and other related theories.First of all,state the concept of administrative discretion in customs passengers inspection in order to interpret necessity of administrative discretion endowed with customs passengers inspection;Secondly,makes a summary about the issue and its performance of administrative discretion in customs passengers inspection,and emphasize the importance of regulation;Finally,by using the method of questionnaire and interview,this paper makes a research on the customs officers and passengers in the exercise of discretion,and puts forward the principles and ways of the regulation,in order to improve the law enforcement standardization and legitimacy.