Research On The Rule Of Law Of The Administrative Interview System

In recent years,administrative appointment has become a lot of administrative organs to use more means.From the beginning of the tax authorities to use the administrative contract,to the present environmental protection department,food and drug regulatory departments,network supervision departments and other use of the contract.As a kind of new administrative act,administrative appointment can be regarded as a kind of chinese-style solution,which has achieved certain effect in practice,but there are also many problems.This paper focuses on the practice,finds out the problems,and puts forward some measures to promote the legalization.The structure of this paper is as follows.The first part mainly introduces the origin and concept of administrative questioning,first look for the origin of administrative questioning,the process of development,change,and then comb academia about questioning several definitions,finally to explore the legal attribute of administrative appointment.The second part through the normative text,sums up the situation of application of administrative questioning mainly used in network security,environmental protection,food safety,and other fields,and put forward his opinion on some of the provisions of the regulatory documents.The third part tries to describe the whole process of administrative interview.According to the process of the interview,it is divided into three parts,namely,the preparation and launching procedure of the administrative contract,the implementation procedure,the guarantee and the supervision procedure.The fourth part points out the problems in practice.The main existing problems are: about the non-standard of legislation;About the abuse of discretion;Lack of openness and transparency;The effectiveness of the interview is in jeopardy;There is no remedy for the subject.The fifth part,based on the existing problems,puts forward the suggestion of legalization of the current administration.The main measures include perfecting the administrative rules and regulations and improving their effectiveness.To standardize the implementation procedure of administrative negotiation;Establishing and improving the relief mechanism of administrative negotiation.