The Perfection Of China’s Administrative Interviews Legal System

With the continuous development of market economy and the gradual deepening of administrative democratization, the status and role of flexible management in the practice of administrative law enforcement has become increasingly prominent. As one flexible administrative enforcement approach with Chinese characteristics, administrative interviews emerged as the in-depth development of the balance theory and the theory of public participation. From the field of tax inspection, administration interviews was widely used in price regulation,consumer rights, environmental protection, network monitoring and other fields, and achieved good law enforcement effect and social effect through the exploration and the practice of administrative law enforcement in recent years. As a new non-mandatory enforcement approach, administrative interviews theory is still not systematic and perfect, and there are still many arguments on its legal status and legal effect in the theoretical circles. With the gradual expansion of the application field of the administrative interviews, administrative interviews system plays an increasingly important role in administrative and law enforcement practice. In this situation, the definition of the concept and the clarification of the legal attributes have become problems which must be solved for playing function effectively and perfecting the system. Therefore, combined with the relevant legislative texts of administrative interviews and practice interviews in various fields, I define administrative interviews as administrative organs carrying out administrative activities including guidance, communication, warning and legal publicity based on the needs of administrative management, through equal dialogue and consultation and cooperation, in order to obtain the identity and compliance of the administrative counterpart, where there is evidence that the administrative relative person is suspected of violating the law. In addition, under the realistic background of the immaturity of administrative interviews norms and practice activities, I define administrative interviewed as a non-mandatory administrative guidance to build a scientific theoretical system of administrative law, combined with scholars ofdifferent perspectives and administrative interviews practices.Under the background of the gradual deepening of the concept of cooperative administration and service administration, the emergence and development of administrative interviews is not only in response to changing the mode of administrative management and law enforcement mode innovation, but also the inevitable requirement to construct service oriented government and promote administration according to law. As a beneficial supplement to the traditional administrative enforcement of law enforcement, the application of administrative interviews in various administrative areas can not only reduce enforcement costs and raise the level of law enforcement, but also relieve the tension between the administrative subject and the administrative counterpart through equal communication. Since the tax negotiation, administrative interviews carried out like a raging fire in many administrative practice areas. With the increasing number of administrative interviews specification text, administrative interviews practice in the areas of law enforcement have made a good effect, but administrative interviews is still in the exploratory stage in theoretical research and legislative level. As a new attempt of flexible enforcement approach, administrative interviews legal system is not yet mature and prefect, which is still exists the problem of the lack of legal basis,unified text specification, compulsory interviews and excessive interviews in the text specification and enforcement practice level. These problems not only restrict the flexible management capabilities of administrative interviews to play effectively,but violate the value and essential purpose of administrative interviews system,which is not conducive to improving and perfecting the legal system of administrative interviews. Therefore, in the light of the administrative interviews problems in the text specification and practice, I try to explore its legal regulation from the aspect of the laws and regulations, implementation procedures and relief mechanism in order to provide the basic ideas and framework of legalization and standardization of administrative interviews legal system.