Administrative Interview Legalization Research

As the concept of constructing service-oriented government have forced an implementation of flexible administrative law enforcement means,executive interview has become an important innovation for the administrative organs to innovate the form of administrative management and change the way of administrative law enforcement in recent years.Administrative appointment,as a form of law enforcement,adapts to needs of changes and development of the economy and society,meets the demand of the citizen participation in administration,enhances the government credibility and helps to promote social fairness and justice.At present,executive interview has been widely used in tax audit,price supervision,environmental protection and other fields,but there are some problems in practice,such as forced interview,excessive interview and non-standard behavior,which urgently need to regulate the administrative interview behavior.The legal nature of executive interview is still vague.The relief mechanism of administrative interview against the rights and interests of the administrative counterpart is still missing and needs to be improved.There is no unified theoretical understanding and legislative practice about the legal nature and the procedure of administrative appointment and the corresponding relief measures.Therefore,from the perspective of rule of law,it is valuable to study the new behavior of executive interview.This paper is separated into four parts.The first part,by combing the origin and development process of executive interview,this paper holds that the executive interview is for the needs of administrative management.When the administrative subject has materials to show that the administrative counterpart has slight or potential violations of the law,the administrative counterpart should adopt equal communication,legal publicity,education guidance,consultation and cooperation,so as to promote the administrative counterpart to correct its improper behavior and comply with the law enforcement effect.It has the characteristics of non-compulsory,superiority and diversity,and it is an independent new type of non-compulsory administrative act.The theory of public service administration and the theory of administrative law balance are the theoretical basis of administrative interview.The second part,this paper expoundsthe necessity of legalization of executive from the five aspects: the essential requirements of administration according to law,the needs of service-oriented government transformation,the needs of innovation of administrative management mode,the ways of improving administrative efficiency and ensuring the stable development of executive interview,and points out that the legalization of executive interview is a very urgent task.The third part,by analyzing the defects of relevant normative documents in the fields of safety production,food safety and advertisement release and the common difficulties in practice,the author points out that there are five problems in the current executive interview in China,which are vague legal positioning,low legislative level,lack of normative procedures,lack of effectiveness stability and lack of right relief mechanism,analyzes the root causes of these problems.The fourth part,aiming at the problems in the process of legalization of executive interview in China,the author raises some reasonable suggestions on strengthening the legalization of administrative appointment in five aspects: clarifying the legal position,making executive interview law,standardizing the implementation procedures,establishing a stable effectiveness mechanism,and improving the right relief mechanism.