Study On The System Of Administrative Inspection

As a kind of general administrative behavior, administrative inspection has already become one of the important ways, it plays an important role in guaranting economy and society's stable development.Administrative behaviors is not only one of the ways of the administrative law enforcement, but also is assisting and guaranting of ensuring other administrative behaviors realized smoothly. Because characteristics of the complementary and course, often enable people to ignore the administrative inspection, on one hand, regulation is overly principled in most laws and regulations so as to be weak in operation;On the other hand, law-executors prefer punishment and enforcement to general inspection means. So, in order to protect the power's legal and reasonable utilization, must standardize it. The educational circles of administrative law don't penetrate into administrative inspection research, so the article utilizes comparison research and the real diagnosis research method, in profits from US, Germany and Japan successful experience, has done more comprehensive researches on the administrative inspection elementary theory and our country administrative inspection system consummation. In the style of arrangement, the whole text is composed of five parts. First chapter mainly touched on the administrative inspection category. In the foundation of analyzing conception which educational circlesdefined, the author has made the following limits to the administrative inspection's conception: The administrative inspection refers to the administrative main body which bases on the administrative authority, for the realization public interest, through inspection, understanding, surveillance to the citizen, the legal person or other organizations, in order to inspect private party which obeys the law and fulfills the legal voluntary the situation. The administrative inspection is exterior concrete administrative action. In order to clean up the administrative inspection's extension, the author also has made careful distinguishment of the administrative inspection and the administrative investigation. The close conception relation and the difference has highlighted the nature of administrative inspection administrative action. Second chapter is for the purpose of examining and analyzing to the administrative inspection establishment rationale, the analysis makes it concrete from other three aspects. From the jurisprudence angle that, "law order value" theory has expounded the administrative inspection system's jurisprudence foundation form the necessary angle;"basic human rights principle" has laid the solid constitutional foundation for the administrative inspection existence rationality. Further, "controls the power" theory has found value combined point for the law order value, the human rights principle in the administrative jurisprudence. Third chapter has analyzed our country's present administrative inspection. Taking this as the foundation, analyzing administrative inspection's legislation and practice problem:First ,administrative law educational circle understanding is not unified;second, legislative flaw;Third, the operation question and analyze on the administrative inspection existence question's cause. The fourth chapter takes the administration obligatory inspection as the combined point, the inspection has compared with the US, Germany and the Japan unique administrative inspection system, mainly on the following aspects: the hypothesis;the scope;the procedure;the relief, promulgates the regular thing and the administrative inspection system development tendency. Taking this as the warning, the fifth chapter, embarking from establishing administrative inspection basic principle, in view of our country administrative inspection system present situation, from the strict hypothesis administrative inspection suitable condition, and from several aspects of consummating the administrative inspection procedure and relief ways, proposes the concrete tentative plan of the consummation administrative inspection system.