Research On The System Of Administrative Interview In China

With the constant transformation of government functions,the publicity of government governance is becoming more and more obvious.With the gradual development of service-oriented government,some new administrative law enforcement methods have been created,administrative interview is a further step towards administrative guidance.As a new flexible method of law enforcement,the administrative interview has been widely applied in various fields.But the theoretical research still lags behind the development of practice,the dispute about the legal nature of the administrative interview is constant and it is difficult to agree on a unified opinion.Moreover,the confusion about the text of the administrative interview makes the application of administrative interview in practice become more difficult.The author tries to define the administrative interview by combining the practice development and the existing text and defining the administrative interview is an independent administrative fact that is not coercive,on this basis to start a further discussion of administrative interview.This article mainly discusses the system of administrative interview through the following sections:The first part analyzes the process of dealing with cases of a specific administrative interview in practice,triggering the author's reflection on the administrative interview system in the theory.When analyzing the theory,the author discovered that the administrative appointment system is not perfect and expanded the statement of follow-up theory.The second part describes the basic theories of administrative interview.Firstly,it defines the basic concepts of the research object,and after comprehensive analysis,it clearly clarifies that the research object of this article is only limited to external administrative interview.Secondly,the author applies the scope of administrative interview limited to behavior that is about to violate the law or be slightly illegal.Thirdly,the administrative interview was distinguished from the theoretically similar concept—administrative guidance.The distinction between administrative interview and administrative penalties with unclear boundaries in practice was made.The third part explores the legal attributes of the administrative interview by showing the different views of the academic treaties on the administrative interview.Finally,it shows that the author insists that the administrative interview is an independent and non-mandatory administrative factual behavior.The fourth part,searching documents it was found that administrative interview at the legislative level shows that most of the legislation on administrative interview is stipulated in local documents,and there are particularly few legislative documents at the central level.In addition,the taxation,price,environmental protection,and food safety fields were used as representatives to introduce the current status of administrative interview at the practical level and proposed the current problems of administrative interview at the legislative and practical levels.The fifth part attempts to outline the most important measures for regulating administrative interview.From the aspect of standardizing administrative interview and legislation,two specific measures have been proposed,and three aspects have been proposed in terms of regulating the actual operation of administrative interview.