The Exploration In Legalization Of China’s Administrative Interviews

The rising of the flexible law enforcement and the construction of service-oriented government are important factors to the foundation of administrative interviews system. Public participation theory and balance theory provided important theoretical support for administrative interviews. So the interviews system has been widely used in the administrative activities. Compared with the traditional administrative behavior, administrative interviews have greatly enhanced the mutual agreement of administrative activities, enhanced the symmetry of the two sides in the status of information access and promoted the development of administrative democracy. The system has obvious effects on the economy and social contradictions of the judicial resources, so that it has been widely used in all the fields of government management. In order to get better understanding of the status of its development, the author divides it into four types.Legal attribute has a direct impact on the process, content, legal responsibility on the administrative activities. Clear the legal nature of administrative interviews is the foundation for the further study. In order to meet the needs of the development of administrative litigation, the current scholars expand the concept of administrative activities, but those emerging regulatory methods which are not contained in the traditional administrative law theory are much more different from the existing administrative activities. It will cause a serious impact on the traditional theory when it incorporate it into the scope of the original administrative act. So the author references to the experience of Japan and Germany, adhere to the concept of the original administrative act and treat differently to the administrative acts. The interview usually indirectly causes the legal effect, so none of the rights and obligations of relative persons will get changed in the interviews. All aspects of the implementation process of the interviews has none obvious mandatory attribute. So the author will define it as the "non-mandatory administrative means". Administrative guidance as a typical representative of the field of flexible law enforcement has a lot of similarities with administrative interviews. Administrative interviews broke through the typical interests induced character of administrative guidance. And administrative interviews show strong characteristics of a particular man-made object. It is different from administrative guidance as a particular relative unilateral guide and instructions, so the author hold the viewpoint that administrative interviews is non-mandatory administrative measure and is parallel to administrative guidance.Along with the gradual deepening of the study, administrative system of interviews also exposed its defects from legal regulation level and practical level and its tendency of alienation. There are two parts of concrete manifestation: on the one hand, the long-term application of low order regulation systems, legal regulation on administrative interviews still stays at the level of the various departments of the State Council and local government. Moreover, administrative interviews system, lack of reasonable starting mechanism and implementation in the process of program specification; on the other hand, administrative system of interviews has produced enforcement and the showed excessive tendency, the specific performance in some areas and departments in the formulation of specific rules concerning about the neglect interviews with their own non-mandatory attribute. Interviews actions at this time had been out of the category of non-mandatory administrative means, morphing into a substantial administrative behavior. In addition, some government agencies relied too much on administrative process also brought over the problem of the application.Based on the above issues and analysis, the author studied the rules and norms of various departments of the State Council and relevant regions, combined with practice throughout the exploration and the related theory. Author tried to construct the rule of law of the administrative interviews from the system and principle. First of all, implement the rule of law, equality, voluntary principles into the administrative interviews to protect the effectiveness and integrity. Secondly, enhance the legislative level and strengthen the initiation and implementation of the two aspects of the procedure for the construction. Strengthen the supervision work of interviews, and it is necessary to give interviews object filed litigation and to apply for state compensation or other means to remedy.