Research On The Public Participation In Administrative Investigations

In the contemporary society, executive bodies possess great levels of administrative power, and in order to effectively exercise the power and manage the social order properly, the executive bodies must make specific administrative decisions. The specific administrative decisions facilitate effective performing of duties by the executive bodies, which is beneficial to maintaining social order.The executive bodies must gather relevant information and collect documentations before making certain administrative decisions. The act of information gathering and evidence collecting is called administrative investigations. As administrative decisions are made based on the results of administrative investigations, administrative investigations will have a considerable impact on the rights and obligations of the related persons or parties. In order to protect the legitimate rights and interests of the related persons or parties and to ensure a just and fair administrative investigation being conducted, this paper introduces the concept of public participation and focuses on the system of public participation in administrative investigation. It also examines the functions and advantages of public participation, and its effects on regulating the administrative investigation system from both substantive and procedural respects.This paper is divided into three chapters. In the first chapter the author examines the nature of public participation in administrative investigations, including its definition,classification and characteristics, the emergence of public participation, and its values in the field of administrative investigations. The second chapter is about the opportunities and challenges of public participation in administrative investigations. On the opportunity side, there has been wider public participation in various administrative management areas which is playing an increasingly important role in practicality aspect. However, there are also challenges on public participation in administrative investigations, namely, its impact on the principle of statutory authority. In the third chapter, the author discusses the key concept of this paper, which is the construction of public participation in administrative investigations. It analyzes both substantive rules and procedural rules in the construction of the system. The substantive rules include the form and scope of public participation, its basic principles and investigation methods. The procedural rules include information disclosure, public participation, implementation of investigations, and notification of the investigation results.The main purpose of this study is to attempt to introduce public participation into the system of administrative investigations, which is to establish the system of public participation in administrative investigations. Therefore, in order to keep in line with this purpose, the author firstly defines the concept of public participation in administrative investigations and then discusses the opportunities and challenges for public participation in administrative investigations. In the end, the author examines the construction of this system.