Research On The Rule By Law For The Administrative Inquiry Of The Major Social Event

The major social event refers to the social event or accident that is subject to an extensive attention from the society and has serious harmfulness or a broad influence. The major social event is an inevitable phenomenon in the development of society. It consists of two types:namely, the major social event formed by the objective impact from "object" to "human" as well as the major social event formed by the participation from "human" to "object". The traditional type of major social event is mainly the type of "object" affecting "human", and with the development of social subjectivity, more major event types are formed in the broad participation from "human" to "object". The major social event has sociality, practicalness, variability and diversity, requiring timely protection provided by the state power.The administrative inquiry power is an important power to deal with major social events. It is of administration, technicality, independence, discretion, social responsiveness and introspection. The legal inquiry institution established around the administrative inquiry power is a meso-legal mechanism in the administrative legal system, namely, it plays a role in a function of contrasting and supervising for the existing administrative power. When the facts approved and confirmed by the object under inquiry are in inconsistency or conflict with the facts confirmed by the special inquiry power, it is necessary to make description, explanation, and correction. In addition, in the entire system of public law, the inquiry power also has the function to discover the information. The facts under inquiry can serve as legislative facts, thus linking the corresponding legislative procedures to maximize the function of inquiry power.The bodies of administrative inquiry power in China shall be set at the central level and provincial level respectively. Both of them are under the jurisdiction of national major social events or provincial major social events respectively, but they maintain certain independence with the existing system of administrative power. The comprehensive inquiry body and the special inquiry body can be set based on the specific situation, implementing the investigation system leading by organizations. The exercise of the inquiry power shall follow the statutory principle, independent exercising principle, social participation principle and discretionary principle. The purpose of the inquiry has a social responsiveness. And the constitution of inquiry procedures and methods is dynamic and organic, legitimate and has rationality to seek the discretion of relationship between purpose and means of the inquiry and means and object under the inquiry. The hearing system being applicable or inapplicable for the direct and forcing inquiry means in normative sense, the inapplicable inquiry system for administrative guarantee and the system aiming at regarding the responsibility as the inquiry purpose shall be excluded.The inquiry system of major social events calls for a special legislation. It is the source of powers of inquiry bodies. The maximization of the function of the inquiry system needs to link with the relevant legal procedures within the public legal system, and legislatively necessary guarantee shall be offered. It is important for the legislation to provide with an adequate guarantee to citizen rights, and prevent the infringement from the inquiry power. The system of administrative litigation protection, the system of compensation for material damage as well as the system of rights protection in inquiry procedures shall be established. The system of public inquiry, information monitoring mechanism, etc., which are applicable to meet the requirements of investigating the major social events shall be established.