Discrimination Between Undercover Investigation And Inductive Investigation In Administrative Penalty Procedure

The rule"Running Administration According to Law"requires administrative organs executive powers strictly under the substantive and procedural administrative law. With the development of ecnomic and science, law enforcement against new illegal activities are not enough because of the hysteresis of law.So, it's necessary to improve the investigation procedure of administrative penalty. Focused on the questions that how to balance the public rights and private rights, how to use new investigation means legally, this paper will discuss the differences between the inductive investigation and undercover investigation in the administative penalty procedures.This paper is divided into four parts, which include concepts, characteristics, validity, and rules of evidence of the two sorts of investigation.Firstly, I identified the scope and the meaning of the key word"investigation". For in various administrative activities investigation was included while this paper is just wrote to discuss the investigation procedure in the administrative penalty activity.The second chapter is to discuss whether the two sorts of investigation legal or not. The discussion will be done around the reseachs of concepts,the practice and the regulations of law. First I will discriminate the concept of the two, then we can see the sociel impacts of them were different, so the scolars gave them different opinions. Second, we can found that the two were regulated by different laws. The undercover investigation could be used in the administrative penalty procedure under certain procedural regulations. However, the inductive investigation should be forbidden cause its using of tempt meanings.The third chapter is to give advice that how to distinguish the two investigation in practice. At first I discussed the differences of characteristics of the two sorts of investigation. Three pieces of differences exist between their characteristics lay a foundation of the distinguish standard I adviced later. There are three points in the advise, that's to check the identity of the administrators who take part in the investigation, to check if the administrators tempt the target, and to check if the administrators gained enough evidence to punish the target before the investigation.The fourth part is founded on the discussion of the differences of the two sorts of investigation in the former three parts. Because of the differect characteristics and the status in law, we need ragulate them by different substantive and procedural regulation. First, the legistation should make law to regulate the two. Second, the executive organs should obey those regulations strictly. Third, it also requires the Administrative Law Judges judge relative cases according to the rule of evidence and the rule of burdens of proof.The main purpose of this paper is to explore a new reseach direction of the two new sorts of administrative investigations. For it played such important role in the executing of law, more and more professional reseaches are required to improve administrative investigation, as well as legilative, executive and judical efforts.