Research On The Diversion System Of Customs Administrative Penalty Cases

In recent years,with the continuous improvement of the reform of the customs system,objectively speaking,it will be more and more important to further promote the separation of complex and simple customs administrative penalty cases.Due to the limited law enforcement resources of the customs and the increasing number of administrative penalty cases of the customs,the contradiction between the two gradually emerged.Whether customs administrative punishment cases can be reasonably and effectively diverted determines whether customs law enforcement resources can be optimized and the efficiency of handling cases can be improved.Throughout the development process of the diversion of administrative penalty cases,as early as the beginning of this century,the exploration of the diversion of customs administrative penalty cases began.From then on,simple procedures and simple cases gradually emerged.Then,in 2021,the Regulations of the Customs of the People’s Republic of China on the Procedure for Handling Administrative Penalty Cases(hereinafter referred to as the "Customs Procedure Regulations"),a rapid handling procedure appeared.China’s customs administrative penalty case diversion system is improving.Although China’s customs administrative penalty case separation system is becoming more and more perfect at this stage,there are still problems such as unclear evidence collection requirements,unclear "lenient" punishment,and imperfect process conversion and connection.This paper attempts to analyze the causes of the problems,and on the basis of integrating the practical experience of China’s customs in handling administrative cases,draw up relevant implementation rules for unified,standardized,improved and rapid handling,and rationalize the case handling process,Explicitly point out the lenient punishment scale,and improve the connection between the quick acceptance and the common process conversion;In particular,for the law enforcement and case handling of the grass-roots police,it is proposed that the local customs should refine the law enforcement and case handling standards,formulate the system rules,case handling guidelines and various provisions;On the other hand,it is suggested that local customs should try their best to collect the problems that appear in practice,and re-establish internal rules,case handling guidelines and law enforcement norms for law enforcement personnel;Strengthen technical support and do a good job in risk prevention and control of handling cases quickly.The release and implementation of the Customs Procedure Provisions is an important rectification measure to promote the reform of customs law enforcement and adapt to the practice of law enforcement,which increases the speed of handling and has important practical significance for the implementation of the fine construction of customs law enforcement.This paper focuses on the development trend of the implementation of rapid handling of customs pilot work reflected by the investigation,and tries to dig out key problems,analyze the root causes and identify improvement measures,so as to provide better solutions for the full implementation of rapid handling of cases by local customs.