Study On The Investigation System Of Complex Enforcement Administration

The administrative investigation is critical in nearly all administration decisions. It is important in obtaining information, procuring evidence, and making decisions for administrative departments. The administration legislature was set later in our country, so in the realm of administrative laws, administrative investigation theory is less well-researched, in contrast to administrative investigation practice. In recent years, administrative investigation issues have raised concerns from few academic scholars. Our country's municipal management administrative departments have been established for a decade or less, and little research has been conducted on municipal management administrative investigation. This thesis gives first systematical research on the complex administrative investigation system structure and related issues.Here, using conception, theory, character and relative systems as points of contact, we analyze the defects and shortcomings of our country's complex administration, comparing with other countries'administrative investigation theories and procedures. In addition, we bring forward administrative investigation structure in our law and execution systems, and perhaps this research will be further used in execution practice. In an attempt to make our country's complex administrative departments investigate and take evidence according to legal procedures, thus reducing violations of laws and inappropriate investigations, and improving execution in accordance with law and the level of handling cases, we expect to protect litigants'legal rights as much as possible during the investigation procedure.In Chapter One, we analyze the research status quo of complex law enforcement's administrative investigation system structure, and the concept and meaning of complex administrative law enforcement investigation is clarified.The administrative investigation is considered an action or process of collecting information, examining materials, and finding out truth. The theories of the administrative investigation include: legal investigation theory, participating theory, public theory, proper procedure theory, object and justice theory, equality theory, comprehensive and effective theory, relief theory..The summary of the administrative law enforcement investigation laws of the U.K., the U.S., and Japan. The advanced legislation achievement and system guarantee of the U.S. are emphasized.In Chapter Two: every requirement of an administrative investigation carried on by administrative officials, and the legal basis of the complex administrative department.The rights and obligations of the litigants during the investigation procedure: Rights include knowing the facts of an investigation, stating views, clarifying reasons, reading dossiers, applying to challenge, and entrusting (attorneys) agents; obligations include, truthfully answering the law enforcement officials'inquiry, assisting an investigation without obstruction, and co-operating with the administrative department to investigate evidence.The participants in the administrative investigation: The status of the participants of the administrative investigation is special, and their rights and obligations will not be affected by the administrative department's decisions.In Chapter Three, the related procedure issues are researched. There are two ways to start an investigation procedure start. The administrative department starts in accordance with an authority, or in accordance with a request.Jurisdictions of the complex administrative investigation, including rank, region, transferring, and designated jurisdiction: here we argue that the laws apply to several circumstances of the transferring jurisdiction during the complex administrative investigation.The complex administrative investigation procedure is to make known one's identity, notify the litigants, explain the investigation cause, provide the legal investigation document, inform the rights, assign to departments the investigation, make decisions, and make the investigation transcript or report.Expense of administrative investigation: Foreign countries regulate that except for regulations provided by law, administrative expense is paid for by the administration agency, in accordance with the theory of rights and obligations, the theory of fault, and the theory of guaranteeing litigants' lowest living standard. Our country adopted the theory of the administrative paying for the expense, that is, the direct and indirect expenses are paid by the administrative agency, and the litigants do not pay for any expense caused by the investigations.Suspension and termination of the investigation procedure: the reasons of administrative investigation are the implement investigation, the damaged results identified by some identification agency and waiting for the result, waiting for the result of the removal of cases in accordance with the removal condition, and the litigants'reasons. The reasons of administrative investigation termination: no more punishments for a single case, the deficiency of the litigants'administrative capacity, psychosis, the disappearance of the litigants, exceeding of the limitation punishment time, the circumstances of breaking the law are notably trivial, the social harmfulness is not serious, the case is passed to other departments, the administrative decision for the case is made, or the investigation is suspended or terminated by law.In Chapter Four, Evidence materials: The requirements for the investigation and collecting evidence legality, including the methods, procedure and time of taking of evidence, must be legal. The evidence must be regulated by law. The types of collecting evidence include that requiring litigant to offer, the administrative agency collecting evidence, and the administrative agency requiring other agencies'assistance; whether the evidence collected by other administrative agencies can contribute to a verdict, and how to collect and identify evidence. The measures and procedures of the complex administrative investigation, including the examination and inquest of the scene, inquiring of litigants or witnesses, hearing the litigant's statement and defense, gathering documentary evidence, material evidence or audiovisuals, selective examination and sampling, holding hearings, assigning and authorizing a legal identification agency or identifier to offer the identification conclusions, etc.In Chapter Five: defects in the administrative investigation system. The defects of the main administrative investigation part's rights have the defects of forceful entering (residence) right, of the right of forcefully bringing law breakers away, of the rights of detaining and following the track of the law breakers, of the right of unnecessary penalty caused by fault reports, and of the executive staff's self-defense encountering violent law resistance. The defects of the complex administrative executive investigation include: defects of the procedure of applying for the assistance of authoritative justice departments (courts, public security bureau), of the procedure of applying for assistance of executive departments such as the public security bureau (protecting personal safety, entering residence), of the process of dealing with those being investigated refusing to accept investigations repeatedly.The future administrative investigation legislation and executive investigation guarantee mechanism were feasibly analyzed. This includes the suggestions of making administrative investigation law and establishing and improving the guarantee mechanism and system of complex executive departments'administrative investigations.