The Impact Of The 2018 Major Ministries Reform On The Implementation Of Diplomatic Privileges And Immunities Of My Country's Custom

Diplomatic privileges and immunity in international law have a long history,and the initial form and content are far from the present.The initial formation is based on comity,courtesy,or reciprocity among countries.The content of diplomatic privileges and immunity is relatively immobilized and legalized.Most countries accept the 1961 Vienna Convention on Diplomatic Relations(hereinafter referred to as the'Convention").According to the provisions of the Convention,embassies,diplomats and other personnel enjoy relevant diplomatic privileges and immunity when they meet the conditions.It is not very complicated to look at diplomatic privileges and immunity from the perspective of international law alone.The existing international practices and conventions have stipulated them.However,when applying these norms and formulating relevant detailed provisions in each country,they must be used as the basis for reciprocity and reciprocity in the light of their own national conditions and the relevant provisions of the domestic laws of other countries.It is necessary to make a comparative study of immunity at the level of specific provisions in domestic laws of various countries.Customs,as the department exercising the duties of entry-exit management,has a direct impact on the realization of diplomatic privileges and immunity.Customs in the world have different ways of executing diplomatic privileges and immunity,different standards and different degrees of tightness,which lead to the difference in the real realization process of diplomatic privileges and immunity.In essence,the developed countries change their content substantially.The developed countries use the United States Sea as the basis.Customs,for example,has made great efforts to expand the security zone beyond its own geographical borders,and to inspect diplomats with extreme strictness.China's Customs lacks inspection of diplomats and other means of law enforcement.The 2018 ministerial reform undoubtedly brings advantages for China to strive for its own diplomatic privileges and immunity.However,whether the expansion of Customs' powers conforms to the relevant provisions of international law,and whether it is consistent with the rights and obligations of China as a party to the Vienna Convention on Diplomatic Relations,as well as whether the expansion of Customs' foreign powers conforms to the relevant After the reform of the system of large ministries,how to carry out diplomatic privileges and immunity in accordance with the law by the Customs of our country remains to be solved.Based on the traditional theory of diplomatic privileges and immunity,this paper chooses the degree of execution and Realization of diplomatic privileges and immunity of representative developed countries in the world as a comparative object,and focuses on the implementation of diplomatic privileges and immunity in China after the expansion of customs' powers after the great ministerial reform in 2018,with a view to discovering the existence of these privileges and immunity.Or potential problems,and try to propose solutions to them.This article is divided into five parts:the first part introduces the situation and problems of our Customs implementing diplomatic privileges and immunity before the 2018 ministerial reform;the second part elaborates the influence of the 2018 ministerial reform on the expansion of Customs' powers and the legitimacy of international law;the third part introduces the situation of the Customs fulfilling its duties of supervising diplomatic privileges and immunity from the United States,Australia and the United Kingdom.Start with,draw lessons from the implementation of diplomatic privileges and immunity by customs departments in developed countries;the fourth part puts forward suggestions on the optimization of functions of Customs departments in the context of the 2018 ministerial reform;the fifth part summarizes the previous part,and puts forward final suggestions on how to do a good job in the supervision of diplomatic privileges and immunity at entry and exit under the situation of the reform of the ministerial institutions.