The Research On The Improvement Of Administrative Interview System In China

Under the background of comprehensive and deepening reform,cooperative governance has become the main theme in public administration,and the trend of administrative democratization has been continuously enhanced.A flexible administrative approach that takes into account both non-mandatory and cooperative nature,represented by administrative interviews.It is widely implemented in the fields of taxation,food safety,consumer rights protection,and ecological environmental protection.However,due to the chaos of administrative interviews and the lack of superior regulations,the relatives of the interviews are greatly damaged,and the important value of administrative interviews in social management cannot be realized.In order to solve the above problems,this paper will start from the normative documents itself,from the perspective of the industrial and commercial administration field,trying to clarify the definition and application of administrative interviews,and carefully analyze the legal norms and existing problems,so that the administrative interview system can be improved.This article is divided into four parts.The first part is the basic theory of administrative interviews.First of all,from the academic theory and normative documents to explore the concept of administrative interviews,and draw the views of this article,Administrative interview refers to the administrative subject with statutory powers,for the purpose of achieving specific administrative purposes,using non-mandatory administrative actions for specific counterparts at the time and place agreed in advance.Secondly,through the combing of the existing non-typed administrative behavior theory,administrative legal behavior theory,non-mandatory administrative behavior theory,new administrative behavior theory and other administrative interviews on legal attributes,the legal nature of administrative interviews is characterized as Administrative factual acts,non-mandatory administrative actions independent of administrative guidance.Then,the main contents of the administrative interview are elaborated from three aspects: the main body of the interview,the scope of the interview,and the interview procedure.The second part explores the development background and practical significance of administrative interviews.The administrative interview system is based on the theory of public domain soft law,public participation theory,public law and private law.It has the legitimacy and rationality of existence and development.As an important means for the government to change the governance model,administrative interviews have practical significance such as improving administrative efficiency,reducing administrative costs,and achieving administrative goals.The third part analyzes the status of the administrative interview system from the perspective of industrial and commercial administration.Through the analysis of these two aspects of legal norms and social practice,It is found that there is a lack of superior legislation,scattered local legislation,extensive procedural regulations,etc.And It has problems such as closed procedures,low transparency,abuse of power,etc.The fourth part is related to the existing problems of the existing administrative interview system in China.Includes four levels of advice:First,establish basic principles,Adhere to the principle of legal administration,reasonable administration,and reliance on interests in the administrative interview system;The second is to improve the legal basis,Including the formulation of upper-level laws,the establishment of uniform standards,the regulation of local legislation,the improvement of legislative techniques,the promotion of procedural legislation,and the enrichment of provisions;The third is the normative implementation procedure,It is necessary for the interviewing agency to limit the conditions for starting the interview,improve the professional quality of the interviewers,and control the discretion of the interviewee.;Fourth,a sound monitoring mechanism,Promote the interaction between internal supervision and external supervision,and better maintain the development of the administrative interview system.