Research On Administrative Interview Behavior From The Perspective Of Administrative Law

Facing the rapid development of society,the traditional governance administration and law enforcement instruments have been out of reach,and non-confrontational law enforcement came into being.Administrative interviews as a non-confrontational law enforcement is a flexible response from the administrations to the social status quo.Administrative interviews have been frequently used in practice,but their theoretical support is still not in place.Therefore,this article systematically sorts out the theoretical part and practical part of the administrative interviews,and seeks an effective combination of the two parts to optimize the administrative interviews theory and practice.This article analyzes and discusses administrative interviews from four main aspects.The first part is the theoretical analysis of administrative interviews.This part mainly introduces Ian Ayres and John Braithwaite's theory of responsive law.The discussion of the administrative interviews is essentially a reflection of the core content of the responsive law—law openness and law completeness.The core of administrative interviews is interviews and consultations.This content coincides with the civil negotiation theory and public participation theory in the civilization commitment of the response law.The second part is the legal analysis of administrative interviews.This part mainly includes conception interpretation,content analysis and legal attributes.First,I clarify the concept of administrative interviews and the two characteristics— non-mandatory and independent— of administrative interviews.Secondly,the main contents of administrative interviews are explained,including the subjects,general procedures and main application areas.Finally,it analyzes the legal attributes of administrative interviews from three aspects: the location of administrative actions,the possibility of proceeding and the possibility of evidence.The third part is the problem analysis of administrative interviews.The author analyzes the problems of the administrative interviews from the legislative level,the implementation level and the supervision level.The problem of administrative interviews includes dispersive legal norms,randomized initiation of interviews,randomized operation of procedures,coercive content of interviews,and absence of supervision and relief mechanisms.The fourth part is the perfecting path of administrative interview.Given the problems raised in the previous section,I put forward targeted measures which mainly includes five levels.The first level is to clarify the legal principles and provide purposiveness guidance;the second level is to promote unified legislation and improve the relevant legal norms;the third level is to improve the interview process;the fourth level is to build and perfect the interview open mechanism,standardize the interview content and procedures,and the fifth level is to improve the supervision and relief mechanism.