Research On The Discretion Of Entry And Exit Administrative Compulsion

The Law of the People's Republic of China on Exit and Entry Administration has formed a relatively complete system of immigration administrative compulsion including continued interrogation,detention for investigation,movement restriction,and repatriation.Administrative discretion runs through many aspects of implementing administrative enforcement.Guiding and regulating administrative discretion is related to the idea of law,including law-based administration,and the balance between public interest and individual rights.This paper,with the imminent discretion of immigration administration as the research object,further summarizes the current situation of the discretionary power in the legal norms and practice based on the existing immigration administrative compulsory theory.From the three aspects of entry and exit administrative law enforcement,legal setting,and relief effects,the problems of administrative enforcement discretion are discussed.Guided by the principle of administrative law,mainly the principle of proportionality and rationality,with the background of national immigration administration reform,from the two main levels of legal regulation and administrative internal control,it proposes to impose reasonable discretion on the rational setting and use of immigration administrative specific recommendations for the right.This article is divided into four parts:The first part is the introduction.The research background is expounded from two aspects: the construction of the rule of law and the development of administrative law.The significance of the research is expounded from the aspects of vertical and horizontal comparison.The research progress is reflected in the overall development of the administrative discretion of immigration management.The ideas and methods of the research are briefly described.The second part is the overview.The concept of administrative compulsory and immigration administrative compulsion is defined.The immigration administrative compulsion system through the analysis of the characteristics and the specific embedded types of the entry and exit administrative compulsion are expounded.Based on the above basic theories,the meaning and necessity of the mandatory discretionary power of entry administration are further explained.The third part is the status quo of the discretionary power of entry and exit administration.The legal setting part introduces the legal source of the discretionary power of immigration administration and the different types of forms are reflected in the legal norms;the part of law enforcement practice expounds the unlawfulness and irrationality of the discretion in different categories,with the latter including nonfeasance and abuse of discretion.The cause analysis part discusses the limitations of administrative law enforcement officers,legal norms,and relief effects.The fourth part is about the improvement of mechanism for the discretion of entry and exit administrative compulsion.The improvement of the theoretical level,guided by the principle of administrative law,focuses on the principle of proportionality and rationality,which is important for restricting and guiding administrative discretion.The improvement of the legal system is based on the construction and formation of the system and the establishment of specific laws and regulations.To improve the internal control,the focus should be put on improving the quality of law enforcement teams and expanding the power of law enforcement supervision,and measures should be proposed to administratively improve several key administrative mandates.