On The Perfect Of The Legal Control Of The Administrative Discretion Of The Customs

The administrative discretionary power is the core of the modern executive power,which exists in every link of the administrative process. In one sense, the existence and expansion of the administrative discretionary power makes the administrative authorities be able to abuse their executive power, as well as work in adapt to the actual situation and improve efficiency of administration。With the incessant increase of the customs functions in recent years, the scope and varieties of the administrative discretionary power of the customs are also expanding unremittingly. Possessing the feature of specificity , righteousness , extensive and selectivity ,the administrative discretionary power can be used in legislation , administrative imposition, administrative license , administrative penalty and administrative review .Being the core of the customs administration power, the administrative discretionary power of the customs answers to the need of modern customs administration that facilitates positive administration, also contains possibility and is prone to show facts of being abused from which great damages can be subsequently caused. Therefore the efficient control on the administrative discretionary power of the customs seems to be more important. This text aims to probe into more efficient control on the customs administrative power of discretion by administrative methods.According to the plain sequence of conceptual framework, current situation and existing problems and the way to deal with the problems, this dissertation has three parts. The first part introduces the concept and characteristic of administrative discretionary power of customs. Besides, it discusses the present situation, in respect of legislation, procedure and execution, and supervision and relieve, showing the achievement in this area.The second part analyses the problems in administrative discretionary power of customs, contains the disorder in legislation, execution, supervision and relieve. It analyses the situation of legislation in point of entity and procedure, at the base of articles of law. The state of execution contains the relationship of rationality and legality, the defect in standard, range and the base of its procedure. The discussion of supervision and relieve has three parts, which are publication of information, accountability system and system of relief.The third part introduces the necessity to control the administrative discretionary power , as a result, it gives countermove. Drawing on the experience of American and German administrative law theory and quoting cases, the suggestions contain perfecting the controlling standard, the execute procedure , the monitoring system and the relief system.