Study On Administrative Discretion Of Exit And Entry Frontier Inspection

The rule of law in contemporary country, expanding the discretion of the executive administration according to law is the inevitable modern trends, the strengthening of administrative discretion and control of the norms is an essential requirement for administration according to law. Control of administrative discretion is also building a socialist rule of law and an essential requirement for the rule of law. Administrative discretion is not only chose to do harm, not good use of it in the right conditions, will not bring the scourge to the citizens, but also for the well-being of citizens. As long as the discretion of the executive to be the correct understanding and application of the maintenance of public order, the management of administrative services, to improve administrative efficiency will play a positive role in promoting. Therefore, it is necessary in-depth study of the exit and entry frontier inspection personnel administrative related issues discretion. This article has three parts of exit and entry frontier inspection staff administrative discretion of an overview of exit and entry frontier inspection of the executive officers and immigration status of border officials to control administrative discretion."What has made the executive decision to have a lot of freedom can be taken all possible action to choose, according to the executive authorities to determine a certain course of action or not take action. It may be the implementation of tasks, time, location, or focus on the surface, including the decision not to take action, including. "Administrative discretion that is frequently used by the main executive power, executive power is the most significant part of the most unique. This part, I would like to administrative staff from the exit and entry frontier inspection of the concept of discretion, the characteristics of exit and entry frontier inspection, and the discretion of the executive staff of the types of exit and entry frontier inspection staff chief of the role of discretion to discuss three aspects. Through a comparative study of exit and entry frontier inspection, I believe that the administrative staff of the type of discretion include the nature of the fact that the discretion of the seriousness of the case that the discretion to punish the type of discretion and decision-making and the implementation of punishment time limit discretion. Correct understanding and use of exit and entry frontier inspection staff administrative discretion to the maintenance of public order, the management of administrative services, to improve administrative performance has a positive role in promoting. Therefore, we need exit and entry frontier inspection for administrative discretion and the reasons for the problems to study. Exit and entry frontier inspection of the executive officers include the role of the two. First, the administrative discretion is the need to make up for inadequate legislation. Second, the administrative discretion is the administrative activities. Exit and entry frontier inspection of our discretionary power of administrative penalty, the prevalence of the phenomenon are too large, the exit and entry frontier inspection to the discretion of an administrative penalty on the shortfall, including the following situations. First, the amount of punishment the scope of discretion is too large. Second, the type of punishment on the scope of discretionary power is too large. Third, that is the regulations on the terms of the flexibility for arbitrary interpretation, or the concept of uncertain interpretation of the law inconsistent. Fourth, acts of administrative discretion, breach of administrative, and identity equality. Fifth, the administrative body refuses, or deliberately delaying the fulfillment of its statutory responsibilities. Sixth, that is the lack of administrative discretionary behavior consistency. Any power could lead to abuse, in fact, whether in China or other countries in the world, the executive abuse of discretion and there are many cases. Practice in administrative law, administrative discretion is also around the controversy. The author believes that since the exit and entry frontier inspection staff administrative discretion is also a discretionary power, then it should be reasonable."To enable the rule of law be upheld in society, administrative discretion must be subject to reasonable restrictions." The exit and entry frontier inspection of the executive officers of the reasonable control is essential. Exit and entry frontier inspection staff writer from the discretion of the chief of the principle of border control and immigration officers the discretion of the chief of the system to discuss two aspects of control. Administrative discretion is the existence and expansion of administrative rationality principle of the most important cause, in turn, is the principle of reasonable administrative discretion to control and tame one of the best way. Its control of administrative discretion, mainly through the following features to achieve. First, the principle of administrative rationality function code of conduct. Second, the chief of the principle of reasonable criteria for judicial oversight function. Third, that is the chief of the principle of reasonable criteria for functional relief. The executive is both the principle of reasonable administrative discretion to apply the requirements of the correct and incorrect to apply for or even the judge in accordance with applicable law. First, the exit and entry frontier inspection of the exercise of discretion must be consistent with the purpose of improper administrative purposes required by law generally refers to the administrative purpose or purposes other than the purposes authorized. Second, the exit and entry frontier inspection of the exercise of discretion must build because of legitimate considerations. Third, the discretionary acts of exit and entry frontier inspection should be reasonable. Finally, the exit and entry frontier inspection of exercise of discretion must be consistent with the fair application of the principles of law. Exit and entry frontier inspection staff on the discretion of the chief of institutional control, the author started from the three aspects discussed is the exit and entry frontier inspection to improve relevant legal systems, exit and entry frontier inspection and supervision system to improve the exit and entry frontier inspection.Exit and entry frontier inspection discretion of the executive officers as a discretionary power, if not to be reasonable restrictions will inevitably be abused. The rule of law in contemporary country, expanding the discretion of the executive administration according to law is the inevitable modern trends, the strengthening of administrative discretion and control of the norms is an essential requirement for administration according to law. Control of administrative discretion is also building a socialist rule of law and an essential requirement for the rule of law. Administrative discretion is not only chose to do harm, not good use of it in the right conditions, will not bring the scourge to the citizens, but also for the well-being of citizens. Exit and entry frontier inspection personnel as long as the discretion of the executive to be the correct understanding and application of the maintenance of public order, the management of administrative services, to improve administrative efficiency will play a positive role in promoting.