Research On The Legalization Of Administrative Interview System

At present,China is comprehensively promoting the realization of the strategy of governing the country according to law.Developing the socialist system with Chinese characteristics,improving the governing ability of the country and perfecting the governing system are regarded as one of the overall objectives of the current deepening reform.The functions of the government are undergoing profound adjustment.In the critical period of profound changes in economic and political formation,in the process of the transformation of government from management-oriented function to service-oriented function,new administrative means have been stepping onto the historical stage one after another,playing an increasingly important role in administrative management,among which administrative interview system is the most typical one.Compared with traditional administrative behavior,administrative interview,as a preventive governance model,has obvious superior function and value.It is a bold innovation and beneficial attempt.It not only plays an effective role in improving the flexible governance ability of functional departments,but also can put forward the communication with the counterparts and avoid greater losses.Regarding the administrative interview system,local governments have issued relevant policies,but the academic circles have not paid enough attention to it,the content of the research is limited and relatively scattered,and there are differences on key issues between the theoretical and practical circles.At present,the administrative interview system is widely used in environmental protection,clean government and other administrative fields,but in actual implementation,the characteristics of the administrative interview system are often inconsistent with people's anticipated development direction.Especially when the traditional administrative concept still occupies the dominant position,the administrative interview system is mixed with it,blurring the boundaries between each other,leading to its original intention and purpose.The method is fully and effectively implemented.Therefore,this paper focuses on promoting the rule of law development of administrative interview system.Firstly,we consult the books in the library of Jilin University through the method of literature research,and inquire the relevant Periodical Documents about the administrative interview system with the help of electronic databases such as China HowNet,so as to deepen our comprehensive and in-depth understanding of the administrative interview system and define the administrative interview system and its main contents.This paper uses comparative research method to compare and analyze the provisions of administrative interview system in different legal norms,including the nature,procedure and applicable conditions,and summarizes the general attributes and functions of the administrative interview system.It is clear that administrative interview is a non-compulsory administrative means.Secondly,on the basis of accurate qualitative analysis,this paper analyses and excavates the problems of normative level and operational level existing in the present stage of administrative interview system in China.The main reason is that the content of theoretical level is still insufficient and the procedural regulation is not perfect.Therefore,there exists a tendency of compulsion and abuse in the operation process.The problems exposed by the administrative interview system at present also illustrate this point.The defects of the system have become an obstacle to the rule of law.Therefore,in the end,drawing on the development track of foreign "similar interview" system and combining with the existing legal system of our country,in view of the problems existing in the operation of the system,we should seek solutions from two aspects: first,we should follow the relevant basic principles,such as implementing the principles of equality and voluntariness,administrative legalization,good faith and effectiveness guarantee in the process of interview;second,we should follow the macro-legislative level.To improve the specific operating procedures of the system.Perfect contents include the promotion of legislative level,the regulation of organizational law,clear starting conditions,strict implementation procedures,perfect supervision and relief,etc.Promoting the legalization of the administrative interview system will help to standardize the implementation of the administrative interview system in various fields,and also promote the pace of the construction of democracy and legalization in China.