Research On The Exercise Of Seizure Power Of Grain And Reserve Department

grain is related to the national movement and people’s livelihood,and grain security is related to the overall security of the country.If grain security is not guaranteed,the overall national security will inevitably lack strong support.Today’s world is undergoing great changes unseen in a century,and grain plays an important role in international competition because of its special,strategic and fundamental status and role.As a country with a large grain production and a large population,ensuring grain security is to ensure the grain ration security of the people.It is far from enough to ensure grain security only by the improvement of productivity,but also requires the protection of the power of the rule of law.The newly revised "Regulations on the Administration of Grain Circulation" endows the grain and reserve department with the right to seizure and detainment,which not only provides a powerful means to crack down on violations of laws and regulations in the field of grain circulation,but also puts forward a new level of law enforcement by the grain and reserve department.Seizure and detainment is a specific way for administrative organs to exercise public power.Their implementation is backed by the coercive force of the state,which helps administrative organs to stop violations of laws and regulations in a timely manner,and provides mandatory guarantee for administrative organs to follow-up investigation and collection of evidence and make administrative decisions,play an important role in improving the quality and efficiency of administrative organs.However,it should also be recognized that,as a profit-and-loss administrative measure,the right of seizure and detainment should be strictly regulated to ensure that it can play its due role in the track of the rule of law.Based on the research results of the seizure and detainment theory in the administrative law,this paper studies the normative exercise of the seizure and detainment and detainment power of the grain and reserve department from four parts in combination with the legal environment of grain circulation management.The first part outlines the relevant connotation of the seizure and detainment power of the grain and reserve department,and analyzes the significance of the grain and reserve department ’s exercise of the seizure and detainment power.Then,by introducing the theory of balance and the theory of administrative process,it explains the necessity of regulating the exercise of the seizure and detainment power of the department of grain and reserves.The second part analyzes the nature of the seizure and detainment power of the grain and reserve department.First,it sorts out the types of seizure and detainment in the administrative law,and determines whether there is any obligation to be performed when the grain and reserve department exercises the seizure and detainment power.The pre-existence of grain and reserves is the standard,and the seizure and detainment power of the grain and reserve department is characterized as an administrative compulsory measure rather than an administrative compulsory execution.Then it analyzes the preconditions for the department of grain and reserves to exercise the right to seizure and detainment,and clarifies that it is an immediate compulsory measure based on the premise of administrative inspection in the grain field.The third part raises questions,and summarizes the factors that affect the exercise of power by the grain and reserve department mainly in three aspects by sorting out the current legislative provisions of the seizure and detainment right.First,there is a lack of uniform standards for exercising conditions.The legislative provisions of various localities have not uniformly and clearly stated whether law enforcement departments can exercise the power of seizure and detainment;the "Regulations on the Administration of Grain Circulation" also only provide general provisions on the conditions for the initiation of seizure and detainment measures.Second,there is a lack of specific working procedures for exercising the right of seizure and detainment.As an immediate administrative coercive measure,the seizure and detainment power of the grain and reserve department cannot directly apply the general procedural provisions on seizure and detainment measures in the "Administrative Coercion Law" to law enforcement activities in the grain field.Third,the supervision mechanism for the exercise of the seizure and detainment power needs to be improved urgently,which is mainly manifested in the absence of an internal responsibility mechanism.In the process of law enforcement,law enforcement officers are limited by factors such as law enforcement costs,and personal ability,and they are slack in exercising their powers;in terms of external remedies,administrative After the authority has exercised its rights,the corresponding relief methods are unclear,and the rights and interests of the counter party cannot be effectively protected.The fourth part puts forward the normative suggestions on the exercise of the right of seizure and detainment by the grain and reserve department.First,the conditions for the application of seizure and detainment measures are detailed and clarified in combination with existing legislative provisions and law enforcement practices.Accurate characterization of "illegally purchased" grains and "substandard" grains.Determine the legal basis for the application of seizure and detainment measures,and propose the rules that the grain and reserve department should follow in the application of relevant legal basis when exercising power.Then,in terms of the specific exercise procedure,this paper mainly puts forward the normative suggestions on the qualifications and specific methods of the exerciser of the seizure and detainment right.Finally,from the perspective of protecting the rights and interests of the administrative counterpart,through the implementation of the written approval procedure after the exercise of rights,the setting of the inspection and testing period is standardized,the storage and handling of the seized items are improved,the file management is standardized,and five relief paths for the administrative counterpart are defined.On the other hand,it puts forward suggestions on improving the supervision mechanism for the exercise of the seizure and detainment power by the grain and reserve department.