Research On Legal Issues Of Administrative Interview System In China

As a new flexible administrative law enforcement means,the Development of Administrative interview is in the ascendant.With the extensive application of Administrative organs in legal practice,theoretically the research on it is getting deeper and deeper.However,on the whole,the development of the theory of administrative interview is slightly lagging behind the development of the practice of administrative interview.On the basis of investigating the development and evolution of the administrative interview,the author tries to clarify the theoretical background of the administrative interview,define the scope of the concept and legal nature of the administrative interview,and investigate the status of the existing administrative interview legislation and normative documents,then discover the problem and offer advice to promote the development of administrative interviews by law.This article is divided into four parts.The first part introduces the theoretical background of the administrative interview.There are three basic theories in the basic theory of administrative law,namely,the theory of power of control,the theory of management and the theory of balance.The theory of power of control and the theory of management both rely on traditional compulsory administrative means,and the balance theory,which emerged in 90s of last century,in addition to emphasizing the role of traditional compulsory administrative means,also pays more attention to the positive role played by non-compulsory administrative means.Therefore,the theory of balance provides theoretical support for administrative interviews as the basic theory of administrative law.The new public management theory has gradually developed into the new public service theory,which conforms to the concept of service administration,the theory of public participation conforms to the trend of administrative democratization,so these two theories also promote the emergence and development of administrative interview.The second part clarifies the concept and legal nature of administrative interview.On the basis of analyzing,inducing and summarizing the concepts of various administrative interviews,the administrative interview will be defined in this paper as a administrative act that Administrative organs with administrative powers by inviting administrative counterparts toface to face communication,consultation and guidance,policy interpretation,legal interpretation in order to warn and urge rectification in the administrative process,when administrative relative counterparts who is not yet illegal,minor violation of the law and after the violation of the law.At present,the legal attribute of administrative interview is very controversial in the theoretical circle,there are three main points of view:One is that administrative interviews are administrative guidance,two is that administrative interviews are "administrative guidance of the kind",three is that administrative interview is a new type of administrative behavior.On the basis of comprehensive analysis and comparison,this paper thinks that administrative interview should belong to the category of administrative guidance.The third part examines the existing administrative interview legislative text and administrative normative text,and points out that the main problems in current practice are the poor quality of legislation,rough.procedure,imperfect supervision and relief,low transparency and so on.In the fourth part,the author puts forward a targeted plan on the perfect path of the rule of law in the administrative interview system,and thinks that the progressive legislation of the administrative interview should be promoted,the operation procedure of the administrative interview should be perfected,the supervision and relief of the administrative interview should be strengthened,and the transparency of administrative interview should be enhanced and so on.