The Research On The Credit Supervision In The Inspection&Quarantine Affairs

As a response to the government’s relevant policies of developing&improving of the social credit system, the Inspection and Quarantine Bureauhas, since2002, actively attempted the approach of Credit Supervision (i.e.conducting supervision in according to companies’ credit degrees).In2009, the General Administration of Quality Supervision, Inspectionand Quarantine of the People’s Republic of China, has, in forms ofadministrative regulatory documents, set up the core rule for CreditSupervision in the area of inspection&quarantine affairs. Further to this, apackage of subsequent regulatory documents/rules has been set up and thesame now served as the major principle when the Inspection and QuarantineBureaus conduct the credit supervision.The Author, who has relevant work experience in this area, observedthat the current Credit Supervision in inspection&quarantine affairs to certain extent lacks of effectiveness, which is, despite that the currenttheoretical research provides various ways for policies construction andimplementation methods, it can hardly eliminate those obstacles occurred inthe real work of credit supervision.This paper, by sorting and analyzing the current regulatory rules andimplementation status, identifies the problems in Credit Supervision ininspection&quarantine affairs. This paper also clarifies the legal nature ofCredit Supervision in inspection&quarantine affairs by applying thefundamental theory of Administrative Law. Furthermore, this paperconcludes the root reason of the aforementioned problems as legality issue(i.e. core rules’ external validity and the internal coordination of the packageof rules) and rationality issue (i.e. how to achieve substantive justice throughdelimiting of power and perfecting rules). To solve the said problems and inlight of the law theory, this paper clarifies those miss-understanding of theeffect of administrative regulatory documents, investigates the coordinationmechanism of rules, and provides the solution as improving the coverage ofrules, enlarging the range of supervisory discretion and diversifying themanner of supervisory discretion.