Study On The Standardization Of Administrative Interviews

In recent years,a kind of flexible Chinese administrative law enforcement approach-administrative interviews in the administrative law enforcement practice can be described as surging effect.This kind of change of administrative organs often relative to the "face" chill of the administrative law enforcement,swept to take "smiling face" greetings of interactive interviews,has become a feature of our country to build a service-oriented government Approach.Administrative covenant has become a fruitful in administrative areas such as tax collection and management,business administration,food safety and environmental protection as one of the administrative means of promoting the trend of "diversification of administrative management".However,due to the definition and application of administrative adjudication itself is still in the law of the "sub-health" state,the legal attributes of the lack of regulatory qualitative character,coupled with its flexibility known,which led to the administrative law enforcement process Dislocation,the absence of an offside situation,the process of standardization of administrative interviews,and gradually highlights when to start when the administrative interview,the implementation of administrative interviews,administrative interviews improper infringement of the rights of the interviewee How to solve the problems such as relief.This paper divides the phrase "standardization of administrative adjudication" into two parts: "the administrative interview" and "normative" research in the two directions through theoretical analysis and institutional analysis.At the level of administrative analysis,this paper analyzes the origin of the administrative interview system,analyzes the rise of the administrative interview in the field of tax audit and the development of other fields,analyzes its internal theoretical basis;focuses on the qualitative question of administrative interview.Follow-up as far as possible without falling into the vaguely legislative reform and other stereotypes,dealing with the specific issues in the interview to provide specific standards.In particular,it analyzes the shortcomings of formal analysis based on the "administrative action theory",and puts forward the beneficial exploration of the "administrative process theory",which is defined as the administration that does not involve the follow-up treatment Factual behavior and specific circumstances may involve the subsequent investigation,administrative punishment,administrative coercion and other administrative acts before the investigation stage,and the relationship between the government and the market re-examined,proposed should be combined with administrative interventions "specific administrative objectives" This substantive understanding of the qualitative point of view,that is,the administrative interview is essentially a failure of the market,the government on the implementation of government interviews with government a positive means of intervention,on the basis of its further optimization and regulation.At the level of normative analysis,the author summarizes the two cases of improper covenant in practice.It analyzes the existing normative texts of administrative adjudication,which ones are implemented,who will be implemented,what kind of procedures and how to supervise Security and other profiles,indicating that the practice of practice and norms there is a certain degree of imbalance need to be standardized.To this end,both concerned about the relationship between the government and the market,combined with the existing administrative law theory system from the gradual change in the state of legislation,attention to procedural control,improve the supervision and protection and relief mechanisms and other aspects of administrative proposals put forward rationalization proposals To provide a more scientific and reasonable theoretical platform for the standardization of administrative interviews.