Research On External Administrative Interview

Administrative organs are not only playing the role of managers,but also deepening the service concept.Relying solely on the unilateral will of administrative organs to implement command-and-control administrative acts cannot timely respond to regulatory tasks.Especially when affected by various uncertainties,such as repeated epidemics,market turmoil,information leakage and other security risks,if measures are taken only when there is conclusive evidence,the risk may have developed into harmful results.External administrative talks can be applied to the counterpart when the counterpart has illegal risks,and build a bridge for communication and interaction between the administrative organ and the counterpart.The administrative organs organize the relative to participate in consultation and exchange,understand each other ’s information,and strive to awaken and strengthen the endogenous motivation of the relative to abide by the law.The relationship between the two sides also shifts from confrontation to cooperation,and seeks consensus to achieve regulatory objectives.However,the administrative interview system is not mature enough,such as the lack of standardized and systematic procedures,and the neglect of the rights of the relative person.It cannot fully reflect the exchanges and consultations between the two sides of the interview,and inevitably there will be a problem of dislocation with the original intention of the interview system.The first part of this thesis focuses on the analysis of the legal attributes and functions of external administrative talks,which are different from the non-mandatory nature of strong deterrent administrative acts and the mode of consultation and exchange.Its value function is of great significance in risk prevention,supervision and promotion of publicprivate cooperation regulation.The second part analyzes the problems of legitimacy and effectiveness in the operation of the external administrative interview system.The flexibility and efficiency of the system are favored by many administrative organs,and are widely applied in price regulation,food safety,Internet regulation,environmental protection and other fields.Non-mandatory law enforcement methods such as administrative talks do face the contradiction between their own flexibility and the certainty of the law.However,without reasonable constraints,there will be abuse or even deviation from the non-mandatory track,which will improperly affect the rights and interests of the counterpart and run counter to the intention of administrative talks.The third part analyzes the reasons for the problems existing in the external administrative interview system.The legislative norms of the administrative interview system are relatively rough,which can not effectively guide the administrative practice.The lack of complete interview procedures,whether it is the confusion of starting standards or the lack of supervision in the exchange of opinions,and the lack of post-visit evaluation convergence,all lead to the co-existence of mandatory and formal administrative interviews.Neglecting the rights that the counterpart should enjoy and the lack of right relief are difficult to show the negotiation and communication environment that the administrative interview should have,which is not conducive to the expression of the will of the counterpart,and also hinders the path of promoting public-private cooperation regulation and encouraging the self-regulation of the counterpart through the talks.The fourth part puts forward the design concept of improving the system in view of the reasons for the alienation of external administrative interviews.Not only from the negative set of administrative organs to restrict the administrative discretion of the interview procedure,emphasizing the relative person should enjoy the right to information,statements and other rights and remedies;we should also actively face the suggestion that the administrative organs should strengthen the interactive dialogue with the counterpart in the process of talks,ensure sincere and effective communication,and set up the cohesion mechanism to ensure the effect of the talks with the help of the “law enforcement pyramid”theory,and guide the counterpart to improve their awareness and ability to abide by the law through the institutional combination of “rigid and flexible”.