The Research On The Legalization Of Administrative Interview System In China

Administrative interview is a non-compulsory administrative act.In order to guard against risks,eliminate hidden dangers,solve issues and achieve such administrative regulatory objectives,administrative subject takes the manner of informing the problems to the counterpart,getting information from the counterpart,carrying out publicity and education for the counterpart,urging the counterpart to rectify.Simultaneously,they listen to the statement and solicit opinions to promote the counterpart self-correct and self-manage.Administrative interview system regulates the behavior mode of administrative interview systematically.Because administrative interview is universally used by administrative organs in life as well as widely present in various normative documents,there is a certain system embodied.The rising of administrative interview system has its deep foundation of reality,and this system conforms to the changing trend of administrative law together with the times call of modernization of state governance system.It reflects the value of ideas of Communicative rationality and The Theory of Modern Administrative Procedure.So it attracts much preference and is widely used in administrative practice.At the same time,there are many realistic dilemmas that can not be ignored,which means the system deviating from the original intention of itself as well as showing the dilemmas of lack of basis and subject-object out of line.In order to overcome these difficulties above,this article presents the basic appearance of the administrative interview system objectively and completely by sorting out normative documents systematically.It also clarifies the positive value that the administrative interview system should bear.Thereby,a realistic dilemma in administrative interview system can be revealed actually.On those foundations,a realistic path on the legalization of administrative interview system can be put forward.This article is consist of four parts as bellow:The first part describes the the current situation and meaning of administrative interview in China.Firstly,it briefly introduces the origin and application of administrative interview in China.And then,a face of various normative documents of administrative interview system in China can be shown in this part.It is on this basis that the elements of administrative interview is analyzed and administrative interview's definition finds its direct and realistic basis.The second part contents the theoretical value and legal foundation of administrativeinterview act and system.First of all,administrative interview conforms the thinking of reforming in law enforcement at the background of modernization of state governance system,therefore it has a fresh time color.Secondly,administrative interview holds the view of Understanding and Consistency which is in line with the value target of Communicative rationality,and the value orientation of transformation of contemporary administrative law.In addition,administrative interview is not now an existing and typified administrative act.So The Administrative Process Theory provides a rule of law support for administrative interview that follows the law dynamically and build the system flexibly.All of these laid the theoretical foundation and the tone of the rule of law for administrative interview system.The third part reveals the realistic dilemma of the legalization of administrative interview system in China.It mainly reflected in the lack of normative documents and subject-object out of line.In details,lower legal rank of normative documents in administrative interview means that the terms are lack of upper law basis;insufficient procedure regulations mean that different norms are fragmented;superior administrative authority means that the interview process is controlled strongly;inferior administrative counterpart mean that administrative interview is a negative responding procedure.The forth part puts forward an improving approach to legalization of administrative interview system in China.After reinforce the system foundation,promote interactive governance and enhance integrating effect,correspondingly standard definition can be clarified,the rights and obligations of both parties can be balanced and due process can be completed in administrative interview system.Last but not the least,some breakthrough in legalization of administrative interview system can be achieved in the steady development.