A Study On Legal Issues Of Administrative Interview In China

Administrative interview began in the field of tax research as a new law enforcement law in the field of administrative law enforcement.and then was widely implemented and effective in the fields of administrative law enforcement such as price supervision and inspection,national land supervision and consumer rights and interests protection.However,compared with the current situation of its wide application,the theoretical development is still in the cradle,there are some disputes on how to define administrative interview and its legal attribute in the existing theories in the academic circles,which reflects the transition from punishment after social governance to prevention in advance,internalizing the concept of service administration,and meeting the objective needs of public participation.Therefore,based on the theory of administrative participation and the principle of proportion,this paper summarizes the basic theory of administrative interview,analyzes its legal attribute,and advocates that administrative interview is an independent and non mandatory administrative guidance.On the assumption that the basic theory is clarified,this paper combs the problems existing in the current administrative interview and discusses the reasons behind the problems.Administrative interview lacks legal basis and strong regulation in procedure,and has the tendency of coercion and transition.After the interview,it is often not settled and it is difficult to achieve its due effectiveness.Many uncertainties exacerbate the alienation risk of administrative interview.The unclear function orientation of administrative interview and a certain degree of formalism tendency in practice are the deep-seated reasons,This makes it difficult to reflect the institutional advantages of administrative interview itself,and the administrative effect deviates from the initial intention of establishing an administrative interview.Based on the purpose of making the administrative interview system give full play to its due value,based on the existing research,Toward specific problems and combined with the current exploration practice,improve the administrative interview laws and regulations by issuing high-level legal norms and cleaning up and amending the improper contents that deviate from the essence and value of administrative interview in the existing text norms;Referring to the commonness of general administrative procedures,this paper perfects the procedural provisions of administrative interview from the two aspects of starting mechanism and implementation procedure;Restrict the applicable fields of administrative interview and further clarify its functional orientation,so as to ensure the implementation of administrative interview within a reasonable scope of application;At the same time,combine internal and external supervision to strengthen the supervision of interview organs and promote the operation of public power in the sun;Finally,in view of the interview behavior that damages the legitimate rights of the administrative counterpart in the process of administrative interview,through the administrative litigation,administrative compensation and counterpart complaint system,safeguard their legitimate rights and ensure their due relief,and combine the pre evaluation,in-process supervision and post relief,so as to realize the expected effect of administrative interview,Further integrate administrative interviews into the framework of the legal system.