The Administrative Investigation And Its Legal Regulation

In the information times, in the face of complicated objective environment, the subject of administration needs more widespread and accurate information to manage effectively. As an important method to collect information for the subject of administration, the administrative investigation displays a more important function in the modern administration. At the same time, the 21st century is also the times in which the citizen's individual right reveals clearly. The violation of the citizen's interests in the administrative investigation is incompatible with the idea of the rule of law, which flourishes day by day.This article pays attention mainly to the two major problems, which are the foundational understanding about the administrative investigation and the legal regulation of the administrative investigation.The foundational understanding about administrative investigation mainly includes the concept and the nature of the administrative investigation. On the basis of the analysis of the existing concept of administrative investigation, this article, which using the method of factor analysis, concludes the similarities and differences of the existing concept and put forward its own understanding about this.By comparing the differences between the administrative investigation and correlated concepts, discussing the type of the administrative investigation, this article further deepens the understanding about the administrative investigation. As to the nature of the administrative investigation, this article points out the flaws of these viewpoints on the basis of concluding existing viewpoints. Then, this article abandons the study model of the administrative action and analyses the nature of the administrative investigation from the angle of the administrative process. At last, this article puts its own view about the nature of the administrative investigation: sum up it as the general system in the administration.The discussion of the legal regulation of the administrative investigation is on the basis of the theory of the administrative process and mainly from three points of view: the legislative control of the administrative investigation, the operating control of the administrative investigation and the judicial control of the administrative investigation. As to the legislative control, this article discusses mainly from the static angle - -the source of law and norm of law, basing on the relationship between the administration and the legislature; As to the operating control, this article discusses mainly from the dynamic angle - - the actual execution of the administration investigation, basing on the relationship between the administration and the administrative relative person; As to the judicial control, this article mainly bases on the relationship between the administration and the judicial authority to discuss this question. At last, this article puts forward its own proposal on the consummation of the legal regulation of the administrative investigation at the basis of the analysis of the present situations.Finally, constrained by the knowledge and the article length, this article acknowledges honestly the study on the administrative investigation isn't comprehensive and embedded, enumerates related questions which had once pondered in the writing process at the end of the article, and wishes more scholars do the research to explain the administrative investigation.