Study On Administrative Interviews

Administrative interviews as a very extensive use of new administrative acts,"Non-mandatory","flexible","consultative" and other characteristics to promote its more administrative law effect on the acceptability.But in the theoretical circles,the lack of attention and research on administrative adjudication,resulting in its abuse,alienation is very obvious,which has a certain impact on the construction of the rule of law。 From the point of view of functionalism,this paper tries to unravel the mystery of the administrative interview through researching the administrative interview,combing the motive of the administrative interview and its type division,and clarifying the relationship between the administrative interview and other administrative acts,To explore its true legal attributes,to put it into the rule of law and put forward some views.Specifically,this paper is divided into five parts to study the administrative interview.In the first part,the author analyzes the connotation of administrative interview,combines with the definition of existing academic papers and the textual definition of normative documents in administrative interview,and abstracts the concept,characteristics and purpose and function of administrative interview.There is a comprehensive preliminary understanding of administrative interviews.Then the second part began to study the formation of administrative interviews,from its generation path,the formation of ideas and the formation of three reasons for the analysis,with a view to a more profound understanding of administrative interviews,and from the perspective of normative text,The present situation and the type of combing and introduction,and then leads to this article is based on the theory of administrative action to explore such a starting point for administrative interviews.The third part begins with the study of the attributes of administrative adjudication,including the ideas of this part of the study,the scope and development of the interview,the academic disputes between the academic and practical circles,and this paper responds to these views and draws The conclusion of this paper is the coupling of administrative and administrative guidance.The fourth part is the continuation of the third part,one is to exclude some of the matters that do not belong to the scope of the interview,the second is the administrative interview which some important issues to further respond,including mandatory and non-mandatory balance,The balance between supervision(guidance)and punishment(punishment),the distinction between interest inducement and liability.The fifth part of the administrative covenant behavior of the administrative law regulation,for administrative adjudication in practice problems,put forward some specific regulatory recommendations and explain the reasons.