Research On Cultural Enforcement Of Chinese Administrative Interview System

In recent years,administrative interview has been widely used in cultural law enforcement,which shows that flexible law enforcement tools are more and more popular with cultural law enforcement departments,reflecting the trend of transformation from regulatory government to service-oriented government.Administrative interview has become one of the important law enforcement means of cultural law enforcement departments,and has achieved good results in practice.However,it can be seen from many interview cases in the current traditional and emerging cultural fields that there are a series of problems in the current cultural interview system,such as the absence of legal norms,the lack of normative procedures,the excessive discretion of law enforcement subjects,and the imperfect supervision and relief mechanism.However,the theoretical circle has not paid enough attention to the above problems.Cultural law enforcement and administrative interviews are naturally compatible because of the particularity of cultural affairs,cultural rights and governance subjects,the diversity and fuzziness of governance rules,and the fact that cultural violations do not usually have immediate danger.Therefore,in the face of illegal activities in cultural activities,the subject of law enforcement should try to maintain prudence and modesty.In the practice of cultural law enforcement,the flexible way of administrative interview can give full play to its advantages of foresight,pertinence and timeliness,better protect citizens' cultural rights,reduce the cost of cultural governance,reduce conflicts and confrontation,and promote the development of cultural industry.Therefore,the administrative interview system of cultural law enforcement has its unique value and should be constructed,implemented and improved.Combined with the theoretical basis of the current administrative interview system and the practical problems existing in the practice of cultural law enforcement,the improvement of the administrative interview system of cultural law enforcement should be carried out from five aspects: the nature of behavior,basic principles,interview procedures,interview effectiveness,supervision and relief.First of all,on the basis of the existing research results,the nature of cultural interviews and the relationship between cultural interviews and administrative law enforcement andadministrative punishment are clarified;secondly,the principle of rights standard,the principle of moderate legal paternalism and the principle of proportion are established in combination with the particularity of cultural governance;thirdly,in order to avoid the phenomenon of "frequent interviews" and "no matter after talks" of administrative subjects in practice In addition,we should standardize the starting conditions and implementation procedures of the interview in terms of procedures,so as to clarify the effectiveness of the interview,introduce the "cultural market blacklist" and other industry disciplinary mechanisms in addition to the traditional administrative coercion and punishment,so as to diversify the legal consequences;finally,we should establish and improve the supervision and relief mechanism of the cultural law enforcement administrative interview from the two dimensions of internal supervision and external supervision,and strengthen the interview behavior To ensure citizens' rights more effectively.