Research On The Administrative Interview System

Administrative intervention is a kind of new supervision method which has been widely used in food safety,price management,tax collection and management,safety production and so on in recent years.This way avoids the defects of the traditional command control type supervision system to a certain extent,Has achieved some success.However,there is not enough research on administrative adjudication in administrative jurisprudence,and the basic problems such as the meaning of administrative adjudication,legal characterization and effectiveness have not yet reached a consensus.The lack of theory leads to many problems in the relevant legislation and practice of administrative interview.Therefore,this paper tries to clarify the definition,application and effect of administrative adjudication in the field of food safety,so that the administrative interview system can be perfected and perfected.In addition to the introduction and conclusion,this paper is divided into three parts.Part I: "Definition of Administrative Interview".This part is from the two issues of meaning and legal qualitative to solve the problem of administrative interview,the meaning of administrative agreement is the understanding of the concept of knowledge and normative documents on the basis of interpretation,from the subject of the interview,The object of the interview,the purpose of the three aspects of the interview to sum up the analysis of the view that the administrative interview refers to the prevention and control of security risks,the elimination of security risks,for the existence of the relative or possible problems and hidden risks,With a certain administrative supervision and management functions of the executive authorities in accordance with the law or authority to its legal representative or the main person in charge of conversation to achieve a specific opinion of the rectification of a specific administrative act.There are three main views on the legal qualitative understanding of administrative interviews,namely,administrative contract,administrative guidance and factual behavior.It is wrong for scholars to incorporate administrative interventions into administrative contracts or in the areas of administrative instruction,although they have similarities,but after careful comparisons they find that it is not possible to hastily incorporate administrative treaties into one of them Species.This paper argues that administrative interview is neither an administrative contract norone of the administrative means or means.It is a new type of administrative act and a fact act.The second part: "The application of administrative interviews".This part of the writing mainly from three aspects,that is,the circumstances may be illegal,there have been violations of the situation and may have occurred or there have been violations of the situation,the theoretical point of view and normative documents to sort out the analysis.The research focus is on the analysis of the text,because the application of administrative interviews in different areas of different circumstances,and the difference is large,therefore,for the application of administrative interviews on the case of food safety in the field of relevant normative documents And to analyze the applicable circumstances specified in the comparative document,resulting in six more general applicable provisions.On the basis of perfect argument,this part draws the following points: On the basis of perfecting the legal basis of administrative adjudication and establishing the necessity principle,it will be interviewed by the administrative organ when the administrative relative may have happened or already exists.The last part: "The effectiveness of administrative interviews".This chapter is still from the perspective of academic and legislative documents to start,the academic community on the effectiveness of administrative interviews on the existence of public power that the realization of force and ineffectiveness of these three doctrines,and administrative interviews related documents Of the study,mainly through the list of the way,summed up from the table when the administrative counterparts were interviewed will be included in the integrity of the file or regulatory files,and when the administrative counterparts do not participate in or no time to participate in the interview situation,Failure to follow the requirements of the implementation of rectification,not only will be included in the integrity of the file,and will become the focus of supervision and treatment by the re-treatment.Therefore,the view of this article is that administrative adjudication is binding.