Preliminary Exploration Of China’s Administrative Interviews

In recent years, in the enforcement practice of administrative law, administrative interviews was the word frequently mentioned of the various administrative areas, indeed, administrative interviews in the use of administrative areas ease the administrative body and the administrative relative person the contradiction between administrative areas, into a flexible law enforcement warm current.law enforcement.efficiency and social benefit obtained is very obvious. Nowadays, administrative interviews is such as bamboo shoots after a spring rain, spread in more and more administrative areas. However, in the face of reality like a raging fire, the theoretical level is feeble. After obtaining the necessary experience and theory under the premise of material reserved, I try to clarify the basic concepts of administrative interviews, clarify the legal nature of administrative interviews, By exploring the theory and reality, with some problems existing in practice as the administrative interview behavior I will put forward some legislation suggestions From the actual situation of China’s administrative law, in order to reach the acme of perfection of administrative interview behavior.Due to the interviews in the academiac has not caused the widespread attention of scholars, administrative interviews concept also did not form a unified and clearly definition. With the help of the theory of logics, starting with the semantic of administrative interviews, I will summary of administrative appointments in various administrative legislation in the field of practice, I also will be bold to define administrative interviews, it means in the process of administrative law enforcement, when proved that the relative person have illegal case, administrative body have the power to invite the administrative relative person participate in the administrative decision, the main parties on the basis of equality communication, and consultation to discuss, so as to achieve compliance and identity of enforcement effect of a new administrative act. after defining the concept of administrative interviews, in order to further analyze the nature of administrative interviews, I will compare it with administrative guidance, administrative contract and administrative punishment hearing system, As the administrative interviews irresistible trend in the nationwide endless torrent, we must found for its first theoretical source. Executive interviews mainly originated from the theory of balance theory, Therefore, this paper proves the equilibrium theory of administrative behavior supporting interviews, Secondly, service theory and engagement theory of administrative appointments have also played a guiding role of theory. Therefore, the author demonstrates the service theory, participation theory on administrative interviews, administrative interviews generated from the reality of demand. Along with our country’s administration according to law in depth gradually, especially in the construction of harmonious society, our government will put their efforts to construct service type government, the administrative action of the government is also more and more affected, Administrative management methods continue to be innovated, Therefore, in this part, the author will discuss the harmonious society, service-oriented government, administration according to law and administrative appointments, Executive interviews originated from administrative taxation field, and is widely used in all the fields of administration, But,due to the lack of theoretical orientation, administrative interviews can not play its due role. This article procee from the origin administrative interviews,arrange the relevant administrative appointments of normative documents, arise out of the lack of the legislation. According to interviews conducted in practical application of administrative problems,we should from the legislation, procedure, supervision and relief to explore aspects of the legal regulation of administrative appointments, in order to provide a standardized and legitimatized theoretic framework.