Research On Legal Regulation Of Administrative Investigation

Administrative investigation is a kind of administrative activities that administrative organs on the basis of its powers collect information and obtain evidence from administrative relative person, in order to achieve certain administrative purpose. Along with the gradual development of social and economic, there are more and more matters need to be invest-tailgated by administrative organs. As an important means of collecting information and understanding situation, administrative investigation has been widely used in the daily administrative management activities. The procedure of exercising the power of investigation has intimate affect on citizenship, but because of the lag of fundamental research on administrative investigation and the lack of legislation in China, there are no laws and regulations could be in accordance with by administrative investigation. Hence, the legitimate rights and interests of the situation counterpart are infringed endlessly in investigation process. In order to restrict administrative power of administrative organs and protect the legitimate rights and interests of the counterpart, first, we should be clear about the legal nature and legal status of administrative investigation; then, we should construct the procedure system of it, and make laws to regulate the implementation basis, implementing subject, implementation methods and implementation process; last and important, we should provide effective remedy to administrative counterpart whose rights and interests are damaged on the implementation process. With these measures, administrative organs have to exercise their powers according to law, which will no doubt construct to the socialist harmonious society.