An Analysis Of The Application Of Encouragement Investigation In The Administrative Enforcement

Recently, the encouragement investigation has been greatly adopted to obtain the evidence in certain administrative enforcement practices in China and achieved certain positive results. Encouragement investigation, being an effective means to collect evidence, has the unique and irreplaceable value. However due to the inherent drawback and the lack of legal provisions for encouragement investigation in China, in practice, some improper investigation methods such as Shanghai's"Fishing Enforcement"(Chinese slang for entrapment) incident have violated the innocent citizens'personal rights. It has caused the contradictions and conflicts between the maintenance of social order and the protection of the citizen's personal rights by utilizing encouragement investigation in administrative enforcement practice, which has severely constrained the ordinary application and effect of the encouragement investigation in the administrative enforcement areas and become a major issue in the administrative enforcement areas in China.This paper by review of the history of encouragement investigation and citing"Fishing Enforcement"incident in Shanghai, seeks to take preliminary study on certain problems occurred in the utilization of encouragement investigation in administrative enforcement areas in China; and after in-depth study to further confirm the necessity in real life and justification in legal aspects to adopt encouragement investigation in administrative enforcement areas against the challenges from the different levels of the communities. The paper sets forth a specific legal framework to overcome the drawback and make the positive influence of the encouragement investigation so that the encouragement investigation is used within the appropriate legal regimes and complies with the requirement of administration by the law. The paper finally seeks to set up a scientific evidence-collection system for the encouragement investigation in order to improve the enforcement efficiency based on the analysis from different aspects, of the evidence capacity for those evidences obtained by encouragement investigation.This paper focuses on the necessity and justification of adoption of encouragement investigation, being an effective means of evidence collection, in administrative enforcement areas, which shall not be rashly denied or rejected due to certain misuse. We shall from an objective and scientific attitude, pay attention to the limitations and weaknesses of encouragement investigation and rationally rectify its use in order to carry forward its unique role.The innovative views of this paper are: by citing relevant encouragement investigation systems in foreign countries and based on the practical requirements of the administrative enforcement in China, the author makes in-depth study on the legal framework of how to utilize encouragement investigation in administrative enforcement practice in China and analyze the evidence capacity obtained through encouragement investigation in order to find a practicable way to deeply utilize encouragement investigation in administrative enforcement.