Research On Administrative Inspection Procedure

The 19 th National Congress of the Communist Party of China puts forward idea of "new era of socialism with Chinese characteristics and the basic strategy","sticking to the rule of law" is the important content,then " administration according to law " is an important part of "sticking to the rule of law".And the focus of "administration according to law" is to regulate the administrative behavior.With the continuous development of social economy,the administrative action of the administrative organ is increasing,while the administrative inspection is a very important kind of in administrative action,Administrative inspection procedure is the specific execution link,step and method of administrative inspection.At present,China's current administrative laws and regulations of the provisions of the administrative inspection procedure is not regulated,and are scattered in various departments and laws,regulations and rules,and according to the needs of each department of targeted "order",more fragmented,no host law provisions of the uniform,easy to cause colleagues do,seriously infringe on the rights of the administrative relative person.The legal provisions relating to administrative procedures are very brief,such as Article 37 "when an administrative organ investigates or conducts an inspection,the law enforcement personnel shall not be less than two persons,and shall present their certificates to the party concerned or the person concerned." The parties concerned or concerned personnel shall truthfully answer the questions and assist in the investigation or inspection,and shall not obstruct.An inquiry or examination shall be made of the written record.This clause also becomes all administrative inspection unified procedural standard,the content is unitary,and the administrative subject in administrative inspection and the specific rights and obligations of administrative relative person not expressly prescribed by any law,thus causing the administrative subject such power without legal restriction and supervision,making the administrative relative person's rights protected and relief,seriously affecting the process of our construction of rule of law in China.This paper analyzes the existing problems of administrative inspection procedure in China and puts forward some suggestions for improvement.This paper is divided into fourchapters:The first chapter introduces the basic theory of administrative inspection procedure,including the definition of administrative examination,classification of administrative examination,comparison of administrative examination and related concepts and an overview of administrative procedure.The second chapter introduces the present situation and problems of the administrative inspection procedure in China,including the legislative status of administrative inspection procedures,the implementation status and existing problems of administrative inspection procedures.The third chapter analyzes the foreign administrative inspection procedures,including the representative continental law system and the common law system in Germany and the United States.The fourth chapter is for the perfection of the administrative inspection procedures,including the principle of administrative inspection procedures,specific steps of the administrative inspection process,administrative subject shall be investigated for legal responsibility and administrative relative person's right to relief.