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The Research Of Administrative Interview

Posted on:2020-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:M LiaoFull Text:PDF
GTID:2416330572994373Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the constant change of the field of administrative law from the theory of management,balance theory to service and cooperation theory,the management concept of the administrative subject gradually accepts the administrative decision made by the administrative agency from the traditional administrative counterpart,and actively seeks the understanding and cooperation of the administrative counterpart from the administrative organ.The direction is changing.In the management of society,economy and culture,administrative agencies pay more and more attention to the softness,cooperation and effectiveness of law enforcement means.Administrative agencies gradually tend to adopt flexible law enforcement methods to achieve administrative management objectives.The interviews appearing in the field of administrative law enforcement are inevitably given a certain degree of coercive color.This method is generally issued by the administrative body,the administrative counterparts participate in the talks,and the two parties talk about the strength.Said to be inequitable in status.Beginning in the 1990 s,the talks became popular in the Hong Kong SAR.Officials called it "meetings".They were mainly used in the field of tax law enforcement.The tax authorities issued invitations to specific counterparts.The invited taxpayers should make appointments.Participate in exchanges and talks about issues related to taxation.With the wide application of tax interviews in practice,a series of normative documents related to interviews have also been introduced.Subsequently,administrative interviews became popular,not only in the tax field,but also in areas such as environmental protection,food and drug safety,land management,price,consumer rights protection,and auditing.The initiator of the administrative interview must be an administrative organ with relevant administrative powers,and must initiate an interview within the scope of functions and regulations stipulated by laws and regulations,and must not transcend or abuse the power.The scope of application of an administrative interview is when there is evidence to preliminarily prove that the administrative counterpart has a minor violation or that there is a potential for illegality.Administrative interviews are applied to citizens,legal persons and other social organizations that have minor violations or potential violations of their conduct.The purpose of initiating an administrative interview is to achieve certain administrative goals,to prevent or reduce the damage that the administrative counterpart is about to make or has already done to harm the interests of others,the public interest of the society,and even the national interests.As an emerging flexible law enforcement method in the field of administrative law enforcement,administrative interviews increase the democratic nature of administrative law enforcement,reduce the cost of administrative law enforcement,and improve the efficiency of administrative law enforcement.However,administrative interviews play a role,but in reality There are many deficiencies.At this time,it is facing the improvement of the administrative interview system.This is an issue that cannot be avoided in the development of administrative interviews.All administrative duties of the administrative organs should be supervised and restricted by law.The institutionalization and standardization of administrative interviews is a long and complicated project.
Keywords/Search Tags:administrative interview, non-mandatory, discretion, standardization
PDF Full Text Request
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