Research On The Legal Problems Of Administrative Interviews

The application and development of administrative interviews in China has aroused widespread concern in the theoretical and academic circles.Theoretically speaking,administrative interviews fit the concept of administrative law of service administration,which is the practice of service-oriented government construction.In practice,it can effectively make up for the shortcomings of traditional mandatory law enforcement methods,which is an effective way to improve the efficiency of law enforcement,reduce law enforcement costs,ease financial pressure and the tense relationship between administrative subjects and administrative counterparts.However,it is still in the early stage of development,and there are many controversies in the theory,which lead to the occurrence of acts that damage the legal rights and interests of the administrative counterpart when the administrative interview is specifically applied.Therefore,in order to protect the legitimate rights and reduce the abuse of it,and promote the standardized development of administrative interviews,it is urgent to further analyze them and put forward suggestions for improvement.The article is divided into four parts.The first part is the introduction.The research background and significance of administrative interviews are expounded;the research status of administrative interviews in China.The article believes that there are few special studies on administrative interviews in China at this stage.We should conduct systematic research on them,analyze the current status of the implementation of administrative interviews at this stage,and put forward corresponding suggestions for improvement.The second part is the basic theory of administrative interview.Define the relationship between the interview and the administrative interview;distinguish the different concepts of the administrative interview in the academic circles;clarify the concept,constituent elements,characteristics and legal attributes of the administrative interview.The article holds that the interview and the administrative interview are not the same relationship;the concept of the administrative interview should adopt a broader concept,the interview object includes the administrative counterpart and the lower-level administrative organs,but the research object of this article is limited to the administrative counterpart;the administrative interview belongs to independent administrative behavior,non-compulsory administrative behavior,and juxtaposed with administrative guidance behavior.These provide theoretical basis for the following in-depth study of the status and problems of administrative interviews.The third part is the current situation and problems of the implementation of administrative interview in China.By studying and summarizing the current status of the implementation of administrative interviews,it is concluded that China’s administrative interviews are still in the development stage,and there are many problems such as incomplete legislation,confusion in procedures,and lack of supervision and relief,which lead to alienation,abuse,and compulsory actions that damage the legal rights of administrative counterparts in the specific application of administrative interviews.The fourth part is the suggestion to perfect our country’s administrative interview.The following four suggestions are proposed.First of all,in the future,the legislative aspects of administrative interviews in our country should adopt a gradual approach to promote the formulation of departmental regulations and timely carry out regulatory clean-up activities to improve the scientific and democratic nature of the current norms;procedure setting,build a systematic procedure protection system;again,innovate the supervision model,strengthen the internal supervision of the administrative organs,promote public participation supervision and social supervision;finally,from the perspective of the necessity and fea-sibility of relief,the scope of relief,and relief channels to improve the relief mechanism of administrative interviews.