Research On The Alienation Of Administrative Interview

Under the background of building service-oriented government and innovating administrative management mode,administrative interview has been widely used in practice with its flexible,efficient and convenient characteristics.Especially in the current risk society uncertainty factors continue to superposition,the government’s risk prevention responsibility is prominent,interview plays an increasingly obvious and important role.However,the pace of theoretical research can not keep up with the pace of practical application.Academic theories and legal norms still have some disputes on how to characterize the interview,which also leads to the alienation of administrative interview in practice,has not been paid enough attention to.The most obvious characteristic of alienation of administrative interview is that it violates its original intention,manifested as coercion and excessive application.It will not only harm the rights and interests of citizens and destroy the market order,but also cause the occurrence of corruption and negatively affect our administrative reform.This thesis follows the problem-oriented thinking,based on the basic theory of administrative interview,and then classifies the alienation phenomenon of administrative interview in practice,analyzes the causes,and finally puts forward countermeasures and suggestions to solve the problem of alienation of administrative interview.The first part is the basic theory of alienation of administrative interview.It firstly introduces the basic situation of administrative interview,that is,it sorts out the background of the generation of interview,and makes it clear that it belongs to one of the ways of administrative guidance.In addition,the method is non-compulsory,the procedure is informal,and the result is unpenalized.Finally,the concept of alienation of administrative interview is explained by means of contrast.That is to say,judging whether the administrative interview is dissimilated is mainly analyzed from the way and purpose.After defining the alienation of administrative interview,the second part sorts out manifestations of the alienation of interview in practice,which are mainly manifested as coercion and excessive.Excessive application of it will indirectly lead to the deterioration of administrative interview,which makes it gradually become a tool to achieve some illegal purposes rather than a tool to solve actual problems in practice,including taking it as a means to formalize problems or excessive intervention in the market,and using it as punishment instead of talking.The compulsory interview directly violates the core idea of flexible law enforcement,which is mainly reflected in the start-up,implementation and rectification stage.At the same time,the negative effects of alienation are briefly analyzed.The third part analyzes the causes of alienation of interviews,mainly from the ideological level and the institutional level of the reasons,including the cognitive misunderstanding,the current interview function positioning and scope fuzzy,unscientific program design and lack of corresponding supervision and relief mechanism.The fourth part provides some suggestions for the above reasons from concept reconstruction,system improvement,system implementation and post relief,including how to guide the interview with a correct understanding of the system,promoting the legislation of interview and so on.And by analyzing the current supervision and relief status of the administrative interview,this thesis puts forward the supervision and relief methods of administrative interview based on the Ombudsman system of Hong Kong,and hopes that interview will enter the road of standardization and law-based as soon as possible,and realize the benign development.