Research On The Regulation Of Administrative Discretion Of Customs In China

The law stipulates that administrative organs,in the absence of clear or strict legal provisions and in the spirit of legislation and the principle of fairness and reasonableness,can independently decide on administrative acts and ways of administrative punishment.This power is called administrative discretion.With the rapid development of social economy and science and technology,the legislator or legislature sets relatively broad laws and regulations to ease the contradiction between the infinite change of reality and the limitation of law.Thus,the custom administration discretion arises at the historic moment,its essence is a kind of restrictive option and runs through the whole process of the custom foreign import and export trade management.In 2018,the customs was 'merged with the original inspection and quarantine bureau,so that in addition to the traditional four basic functions of the customs,it has to assume new responsibilities.Therefore,the customs is bound to have more administrative discretion,and administrative discretion,because of its own flexibility,has become an important part of China's customs administrative power,which plays an undeniable role in improving the efficiency of customs administration.However,the flexibility of the administrative discretion of China's customs makes it easy to abuse the power,breeding corruption and reducing the credibility of the customs.Furthermore,laws and regulations expressed in written form cannot fully regulate complex and diverse administrative acts,so they are generally universal,stable and lagging.It is precisely because of the lack of clarity of laws regulating the administrative discretion of customs that customs officers have a large range of free choice and too wide scope of choice in making specific administrative acts.Therefore,it is of great significance for the construction of the rule of law of China's customs to actively seek the reasonable regulation method of the administrative discretion of China's customs,to give full play to its advantages and to regulate its shortcomings.However,a good regulatory mechanism is not to eliminate the customs administrative discretion,nor to achieve complete control,but to try to avoid the abuse of power,while ensuring the customs administrative efficiency,while fully considering social justice.This paper is divided into four parts by combining literature analysis,empirical analysis and semantic analysis.The first part is to introduce the relevant theories of customs administrative discretion in China.Firstly,it explains the meaning and performance of customs administrative discretion,secondly,it analyzes the basis of the existence of customs administrative discretion,and finally,it introduces the application of the basic principles of customs administrative discretion.The second part makes a simple empirical analysis of the actual cases,and sorts out the main forms of the abuse of administrative discretion of China's customs,as well as the main reasons for its abuse.The third part introduces the current supervision means of administrative discretion of customs in China from the aspects of legislation,judicature and administration,as well as the problems existing in the actual supervision process.The fourth part summarizes the reasons for the abuse of the administrative discretion of China's customs and the existing problems in the current supervision methods,and puts forward some Suggestions to improve the regulatory mechanism of the administrative discretion of China's customs.