Research On The Legal Nature Of Administrative Interviews

Administrative interviews have been highly respected with its non power characteristics,both the flexible approach to negotiation and cooperation.Over the past ten years,administrative interviews with the rapid speed of the various administrative law enforcement field,indicating the transformation of social governance model and the reform of administrative law enforcement system.Unfortunately,administrative interviews did not set off a wide range of theoretical and in-depth research boom.The reason is that there is still a lack of consensus--What is the nature of administrative interviews?Analysis of the nature of administrative interviews is the premise of researching administrative interviews and the basic proposition of the establishment and perfection of administrative interview system,it determines whether the administrative interviews can be standardized and legalized operation.The current system of administrative interviews,its practice and its theory is incompatible.Therefore,this paper tries to distinguish different types of administrative interviews,combined with the status quo of norms and practices,from the level of necessity to analysis the essential characteristics of administrative interviews.This paper considers administrative interviews should be non power,relatively independent administrative factual act,on specific types as a kind of administrative guidance.Based on the theory of location,this paper select the most remarkable moment for environmental administrative interviews as an example,reflect on the problems of environmental protection administrative interview system and practice,To remedy the case,putting forward ideas and suggestions to improve the environmental protection administrative interview system,to repair the rift between administrative interview theory,system and practice.In addition to the introduction and conclusion,this thesis is divided into four chapters:The first chapter is an overview of administrative interviews.Firstly place administrative interviews in a certain times background,though collating and summarizing the existing text of administrative interviews,and then though commenting on the main representations of the concept of administrative interviews,to macro understanding the "panorama" of administrative interviews and to pave the way for the following discussion.The second chapter divides the types of administrative interviews.The key to the research of administrative interview is classification.In the context of internal interviews and external interviews,external interviews will be divided into administrative guidance interviews,reconciliation of administrative interviews,regulatory interviews and administrative punishment administrative interviews.The third chapter is about the practice and theoretical orientation of administrative interview.Observation and analysis administrative interviews from the case,In general,except the punishment of administrative interviews,The feature and composition of"guidance" is remarkable and major for administrative interviews.By comparing the similarities and differences with administrative guidance,from the administrative goal that can be achieved from administrative interview,especially in the field of environmental law enforcement can be achieved in the value of administrative interviews,as a matter of fact,administrative interview should be popularized as a non power and relatively independent administrative factual act.The fourth chapter is based on the improvement of environmental protection administrative interview system.After third chapters of analysis and demonstration,reflect the current problems of environmental administrative interview system,around the establishment of the principle system of administrative interview system,construction of incentive administrative interview system,establishment of a more extensive environmental management interview participants and the general procedure and restriction of administrative interview four aspects to put forward suggestions to improve the environmental protection administrative interview system.For other areas of administrative interview system also has reference significance.