Research On The Rule Of Law Of Administrative Interview

In recent years,administrative interview is a kind of flexible law enforcement method in the field of administrative law enforcement.Its non mandatory and consultative characteristics have become a common understanding in theory and practice.However,the specific activities of administrative law enforcement practice tend to deviate from the original intention of the establishment of the interview system.China's administrative interview system still faces the reality of low degree of legal governance.Therefore,this paper starts from the basic theory of interview to clarify its basic position,and on this basis to analyze the current practical problems,so as to put forward the specific path of its legalization.This paper mainly discusses this from the following four parts.The first part demonstrates the basic theory of administrative interview.First of all,based on the meaning of administrative interview and the existing legislative practice,this paper gives a preliminary definition of its concept.Secondly,in the analysis of nature,administrative interview is not completely separated from the framework of traditional administrative behavior theory.Blind theoretical innovation can only blur the understanding of administrative interview,so it should belong to the category of administrative guidance in factual behavior.Finally,the article adopts the type analysis method,that is,taking the time node as the main axis,taking into account the illegal degree of behavior and the mandatory factors of the role of administrative power,taking this as the standard to carry out the type analysis of administrative interviews,so as to deepen the understanding of the internal function and structure of interviews.The second part makes an objective study and summary of the current situation of the legislation and practice of administrative interview in China,from which we can know that the current legislation of interview in China presents the characteristics of multi subjects and low overall level.At the same time,from the perspective of the development trend of legislation,in recent years,the legislation of appointment pays more attention to the improvement of legislative basis and content.In the specific practice,although the operation mode of the current interview is relatively simple,it still plays an important role in practice.The third part mainly analyzes the practical problems of administrative interview,including the phenomenon of interview alienation,such as the administrative ordering of interview,the lack of basis of legislative norms and the utilitarian interview mechanism.The main reason is that the current legislative position of the interview system is not clear,the level of the interview is still insufficient,but also vulnerable to the influence of formalism and reduce its own system value.The fourth part mainly provides the legal advice for the administrative interview.It mainly includes five aspects:adhering to the concept of typed legislation,strengthening procedural regulation,standardizing the discretion of interview,improving the right relief and strengthening the supervision of interview,so as to respond to the current practical problems faced by administrative interview.