Customs inspection merged caused new changes in customs supervision objects
April 12, 2023 10:08 Source: "China Social Sciences", April 12, 2023, Issue 2629, Issue 2629

Since the formal merging of China's entry and exit inspection and quarantine departments in 2018,Since the merger of customs inspection,Not only does it cause major changes in customs practice,and have many influences on the theory of customs supervision,Among them, the changes in the customs supervision objects are the most prominent。

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Customs is the state's entry and exit (hereinafter referred to as the "entry and exit") supervision and management authority,Theoretically speaking,Customs is fulfilling to enter and exit the people、Transportation tools、Cargo、Items (luggage items、Postal items and other items) supervision and other items) and levy tariffs and other taxes、Check the smuggling、Customs Statistics、Entry -exit Health Quarantine、Entry -exit animal and plants and their products inspection and quarantine、Legal inspection of import and export goods、Customs risk management and other customs functions,All are undergoing customs supervision,Entry and exit staff、Transportation tools、Cargo、Items are all customs supervision objects。But at present,Regardless of the academic or customs practice department,The mainstream view is believed that customs supervision is a transportation tool for entering and exit、Cargo、Supervision of items,Customs regulatory objects are limited to enter and exit transportation tools、Cargo、Items,Not included in -outbound personnel。The reason why this contrast is generated,The main reason is that the merger of the current customs inspection is only the merger of institutions and personnel,The regulations of the original entry inspection and quarantine and the original customs regulations are not fused,The main content of the Customs Law is not suitable bet365 Play online games for entry and exit inspection and quarantine,People's understanding of the targets of customs supervision remains in the provisions of the Customs Law。

Article 2 provisions of the Customs Law,Customs of the People's Republic of China is the state's entry and exit supervision and management authority。Customs in accordance with this law and other relevant laws、Administrative Regulations,Transportation tools for regulating entry and exit、Cargo、Luggage items、Postal items and other items (hereinafter referred to as "transport tools in and out of the country、Cargo、Items "),Tariffs and other taxes、Fei,Check the smuggling,Preparation of customs statistics and handling other customs business。It can be seen from Article 2,Customs supervision objects are limited to transport tools in and out of the country、Cargo、Items,Not included in -outbound personnel。Before the merger of the customs inspection,Customs regulatory objects do not include in -exit personnel, there is no problem in theory and practice,But it is obviously inappropriate after the combination of the customs inspection。Customs regulatory objects do not include entry and exit personnel,Obviously to exclude the functions of entry inspection and quarantine,Especially the basic functions of national health quarantine。

  Legal basis for changes in customs supervision objects

After the customs inspection merge,The origin of the customs method has also changed significantly,Mainly the regulations of the original entry inspection and quarantine have become an important part of customs regulations,For example, laws such as the "Examination and Export Commodity Inspection Law", "National Health and Quarantine Law", "Inlet and Exit Dynamic and Plant Quarantine Law" and other laws, as well as administrative regulations related to them、Regulations and administrative standardized documents are the origin of customs regulations。

The current customs regulatory objects include the inlet and outbound persons with Bet365 lotto review clear legal basis。Article 4 of the "National Health and Quarantine Law",Entry、Outbound staff、Transportation、Transportation equipment and luggage that may transmit quarantine infectious diseases、Cargo、mail bags and other items,All should be accepted,Licensing of the Economic and China Health and Quarantine Organization,Fangzu Entry or Outbound。Article 7 stipulates,Transportation and personnel for immigration,You must receive quarantine at the designated place at the first place where you reach the country.。In addition to the quoted aircraft,Licensing without the national health quarantine agency,Anyone is not allowed to transport up and down transport,Not allowed to load and unload luggage、Cargo、mail bags and other items。Article 8 Standards,Exit transportation and personnel,You must receive quarantine at the last leaving country port。Visible,Entry and exit personnel are the main objects of national health quarantine,Borders Health Quarantine belongs to the main regulatory function of the customs,Entry and exit personnel are customs supervision objects。If you exclude the entry and exit personnel outside the customs of the customs,It is equivalent to negating the main function of the customs of national health quarantine,Then deny the results of the institutional reform of the merger of customs inspection,More consistent with the current actual situation。

  The change of the object of customs regulatory objects caused theoretical change

First,Major changes in the theoretical system of customs。For example,In the theoretical system of customs management,At present, it must include the theory of national health quarantine,You must study the quarantine of the customs in Harbor、Aviation Quarantine、Land Border Quarantine、Sanitary treatment、Quarantine infectious disease management、Infectious disease monitoring、Health Supervision and other management processes and Bet365 app download their existing problems;,It is necessary to study the legal system of customs national health quarantine,Study the legal basis for the study of customs health quarantine、Legal liability for legal relationships and customs of the legal relationship between the customs of the customs of the customs,Focus on studying the head of the customs of the customs of the customs of the customs of the customs of the country or the person in charge of the aircraft or its authorized agent、The person in charge of the relevant units and transportation of the border port、Quarantine infectious disease -infected people and the corpse of entry and exit、The rights and obligations of administrative counterpartians such as bones or their agents, as well as legal liabilities that do not fulfill their legal obligations,Study the power and obligations of customs and abuse of power、Ignoring the duty、Legal liabilities that should be assumed by private fraud and illegal jobs。

Second,Major changes in the basic concepts of customs。Take customs inspection and inspection as an example,According to Article 6 of the Customs Law,The extension of the concept of customs inspection is only included in and out of goods、Checking of items,Customs Check Special Examination of Period Transporting Detais。After the customs inspection merge,The connotation and extension of the concept of customs inspection have changed。According to the "Implementation Rules for the" Implementation of the National Health and Quarantine Law "and the" Implementation Rules for the National Health and Quarantine Law ","Inspection" refers to the medical examination and hygiene inspection of the national health quarantine organs,The object of its inspection includes a ship for inbound quarantine、Entry Aircraft、Entry passengers in the aircraft、Train for immigration quarantine、Persons who go to the country in the land port,The extension of the concept of customs inspection not only includes in and out of goods、Items。Changes in the concept of customs inspection Bet365 app download will also cause changes in the concept of customs inspection。According to Article 6 of the Customs Law,Customs Check Special Examination of Period Transporting Detais,After the customs inspection merge,Outbound transportation tools must not only accept customs inspection,and accept the inspection of the customs。Then with the goods、Items are examples,The goods stipulated in the Customs Law、The items are two types of regulatory objects,The "National Health and Quarantine Law" stipulates that goods are a kind of items。

third,Changes in the customs anti -smuggling management system。According to the State Council's "Approval of the Settlement Police Team Setting Scheme" (Guoxi [1998] No. 53),,The management system for customs anti -smuggling was the dual leadership of the customs anti -smuggling department and the customs of the customs by the Ministry of Public Security and the General Administration of Customs,Main leaders of the General Administration of Customs。After the customs inspection merge,December 2018,The General Office of the Central Committee of the Communist Party of China、The General Office of the State Council issued the "Work Plan for Adjustment of the Management System of Industry Public Security Organs",According to "Police is the police、politics is politics、Enterprise is an enterprise "requirement,Double leadership will be implemented by the customs anti -smuggling public security of the customs,Main leaders of the Ministry of Public Security,Perform vertical leadership。The current management system for customs anti -smuggling is: the customs anti -smuggling department and customs anti -smuggling work are dual leaders of the Ministry of Public Security and the General Administration of Customs,Main leaders of the Ministry of Public Security,The focus is to strengthen political leaders、Cadre management and team building。Customs anti -smuggling business work is responsible for the customs leaders。The Anti -Smuggling Bureau Bet365 lotto review of the Customs Department is set up an institution in the General Administration of Customs,Interest into the sequence bureau of the Ministry of Public Security。

Fourth,Customs Anti -smuggling Department's Criminal Case Jurisdiction Struishes。Before the combination of customs inspection,Smuggling cases are investigated by the customs anti -smuggling department。After the customs inspection merge,The customs anti -smuggling department conducted a criminal case of investigating investigation and expanded it。Notice of the "Regulations on the Release of the" Regulations on the Division of the Ministry of Public Security "(Gongtong Zi [2020] No. 9),The anti -smuggling bureau of the Customs General Administration not only jurisdiction over the smuggling ordinary goods that occur in customs customs、The "Criminal Law" in the item case and the customs supervision area chapter 3rd section 2 smuggling crimes and cases in Chapter 6 section,and jurisdiction over the case of commodity inspection、During the abound national health quarantine case、A quarantine case of imperfections and plants。The Principles of the Term of Cases in accordance with the "Notice on Printing and Distributing the" Regulations on the Division of the Ministry of Public Security's Criminal Cases ",Combined with judicial practice,Other crimes related to smuggling may also be investigated by the customs anti -smuggling department,or cooperate with investigation。If you deceive the export tax refund criminal case、Money laundering criminal cases for smuggling crimes can also be handled by the customs anti -smuggling department,No more transfer。The crime of obstructing drug management and illegal introduction related to imported drugs、Release and discard foreign invasion species can also be investigated by the customs anti -smuggling department。Finally, the scope of the case of the jurisdiction of the General Administration of Customs may be as many as 18 kinds of cases。

In short,Customs inspection merger has caused many changes in the customs bet365 best casino games supervision objects,Unexpectedly need to build a new customs theory,New practice to guide the fusion of customs inspection。

 (Author Unit: School of Government Management, University of Foreign Economics and Trade)

Editor in charge: Chen Jing
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