The Legal Recognitionof Administrative Interview

With the development of globalization and informatization,the social division of labor has become more and more refined and complicated,which brings unprecedented challenges to social governance.On the contrary,the drawbacks of the traditional "conveyor belt" administrative management model becomes prominent increasingly,as a result of it,the model cannot catch up with the development of our society.After the ideological changes of a series of theories,such as thetraditional public administration theory,the new public management theory,the new public service theory,etc.,administrative interview becomes the new strategy in governing,as the representative of informal administrative enforcement.On the basis of analyzing the related documents,it is easy to make a conclusion that administrative interview is aimed at guiding the concerned persons to correct their improper behavior.As a result,administrative interview effectively avoids the immediate clashes between the government and the concerned persons,as well as saves the cost of administrative enforcement.However,it is difficult to recognize the essence of administrative interview,for it is a new method of governing.So far,there are six kinds of views about it,and some scholars are trying to create a new theory to explain it.To be honest,it is not wise to do it for the reason that a new theory will disrupt the mature theory of administrative law system.Furthermore,in the theoretical research,creating a new theory just for the sake of academic innovation is not the right attitude to solve problems.Therefore,it is necessary and urgent to clarify the nature of administrative interview.This dissertation consists of four parts.The first chapter describes the concept of administrative interview,which is based on the analysis of relevant normative documents.And,this part expresses the theoretical background of administrative interview,such as the new public management theory as well as the new public service theory.In the second chapter,the author analyzes the relevant laws and regulations of administrative interview,summarizing the applicable scope of administrative interview.The third chapter,different viewpoints about the legal recognition of administrative interview are summarized and analyzed.In the end of this chapter,the author expresses his own idea that administrative interview is a mean of administrative guidance.In the last paragraph,based on the complicated situation of administrative interview,the author compares it with administrative guidance,ordering sb.to correct as well as warning.In a word,to see through the appearance to the essence,take an objective attitude toward these administrative enforcement methods are needed.