Study On The Legal Problems Of Administrative Interviews

Introduced by the tax department from Hongkong to the mainland since 2003, the administrative interviews has been experienced rapid development and widely used in the fields of price control, food safety, consumer rights, environmental protection,market supervision and so on. But in the theory, there are controversies in the aspect of the definition of administrative interviews behavior and legal properties. The rule by law that we adhere to is a rational form and there will be no legal significance if legal problems can not be constructed from legal issues. Therefore, how to achieve the greatest certainty of formal law, define and construct this new flexible enforcement of administration have become the main studying issue for the scholars. So the definition of administrative interviews, the property of administrative interviews, whether belongs to independent administrative act or non-independent administrative act, legal behavior or factual behavior, which has been an unavoidable question for us. This formal debate is actually bound by the traditional administrative law theory constructed with the administrative power as the core. Thus, the balance theory building up from the perspective of "relationship" treated the administrative interviews as one way to balance public interests and personal interests, which combines the administrative interviews into the positive administrative category and breakthrough this form perfectly. Besides making a comparative analysis of the legal nature of administrative interviews, independence, behavioral attributes, this article also has made a systematical summary of the administrative interviews background from the aspects of"new administrative law", the balance theory, the flexible law enforcement supervision.Although being widely applied and achieving good social effects, the administrative interviews also lack of the legal basis in high-level orders, standard procedural regulation and institutional construction in reality. Many departments do things like putting new wine in old bottles, which can be reflected in applying its original flexible working methods, legislation blanks and uncertainty of application in practice. The administrative interviews are in the risks of being abuse and alienation. Therefore, the regulation of administrative interview behavior becomes a question worth discussing.How to make administrative interviews constitutional, and from what aspect, can we make a stronger construction of our country's current legal system background, is worthy of thinking. This paper attempts to include administrative interviews in the framework of the legal system from the legislative, procedural and relief approaches,and proposes some suggestions of administrative interviews, so as to provide a new idea for the construction of the theory of administrative interviews.