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Research On The Standardization Of Administrative Interviews

Posted on:2020-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q MiaoFull Text:PDF
GTID:2436330572487100Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Along with the development of economy and the change of society,there are more and more problems in administrative law enforcement.At present,China is promoting the democratization of administration and highlighting the role of non-coercive administrative means in dealing with the problems of administrative law enforcement in today's society.Non-mandatory administrative means not only reflect the characteristics of China's flexible administrative law enforcement,but also based on the balance theory,as well as the public participation theory of a variety of administrative democratization characteristics of the administrative governance has been popularized in China's administrative field.Since 2003,when the tax authorities introduced the mainland from Hong Kong,combined with the reality of our market,administrative interviews have been applied to food safety,consumer rights,environmental protection,and all-round realization of network information control,the initial stage of its application has made more gratifying achievements.Administrative interview is a kind of non-mandatory administrative law enforcement mode,whether the theory or practice operation has not been able to fully adapt to the needs of China's administrative law enforcement,the corresponding implementation process,the regulatory model is not perfect.Today,many scholars are still discussing whether administrative interviews have the force of law.The relevant theoretical research,which is still in the groping stage,has failed to provide sufficient academic support,and the lack of corresponding legal norms has led law enforcement officials to have no basis in conducting administrative interviews.At the same time,the relevant staff in the interview operation Process,also did not follow the corresponding rules and regulations,prone to transaction,compulsion and a series of issues.The emergence of these problems seriously hampers the role of administrative interviews in dealing with administrative problems in our country,not only can not make up for the shortcomings of rigid law enforcement,even some measures are contrary to the essence of law,and constitute an obstacle to the further optimization of public governance.Based on this,this paper analyzes the theoretical basis of administrative interview from the perspectives of balance theory,Habermas negotiation Democracy theory,non-mandatory administration and responsive administration,and combs the problems existing in this new governance mode in combination with practice.It is hoped that the conclusion of this paper can provide some reference for the optimization of Administrative interview management mode and the extended application of similar flexible administrative law enforcement methods for the refinement of administrative interview implementation procedure,the optimization of administrative law enforcement supervision and the relief of administrative interview after alienation and so on.
Keywords/Search Tags:Administrative interview, theoretical basis, normalization
PDF Full Text Request
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