On The Operation And Administration Of Self-control Of The Customs Administrative Penalty Discretion

"In the modern administrative law, administrative discretion is in no doubt that a core, a very conspicuous location"①Ke-Ju said:"The Administrative Law ruled the term was discretionary"②。《Black's Law Dictionary》in the definition of discretion means "enjoyed by judges and administrative staff, and they consider appropriate or necessary in the case of acts or omissions of the right to choose; If not reflect an abuse of discretion, such action or omission can not be overturned."③" In the past, people often believe that broad discretion is incompatible with the law, which is the traditional constitutional principles. But this arbitrary point can not be accepted today, and indeed it does not contain any reason. The rule of law is not required to eliminate a wide range of discretion, but the law should be able to control its exercise. The modern rule require as much as possible and the broadest possible discretion."④In recent years, with the continuous increase in the functions of the Customs, Customs penalties discretion the scope and variety are also expanding. Customs penalties discretion, as the core of the customs administrative power is not only the needs of a modern customs administration is conducive to an active executive, there is also potential for abuse and facts, causing great damage. Therefore, the discretionary power of customs penalties for the effective control is very important. How to correctly understand the customs penalty discretion, and its effective control, and prevent its abuse, to the Customs according to law and promoting the rule of law in the process of the customs of great significance. Therefore, this discretionary power of customs penalties for operating system and its administrative problems in the improvement of self-control mechanisms made tentative research.The thesis is divided into three parts start address:The first part describes the discretion of the customs of the basic theory of punishment:the concept of the customs penalty discretion, characteristics, nature, external performance and the discretion of the customs penalty exists is reasonable.The second part of the customs penalty discretion in the operation of the rule of law of the pain:Customs penalties discretion of the dilemma of confusion (the value and hazards), Customs penalties discretion operation problems, Customs penalties discretion operation problems of the reasons for consideringThe third section describes the customs penalty discretion control path:Control the customs penalty discretion the need for control of the customs building punish discretion feasible path...