The Study On The Defective Administrative Investigation

Before the administrative decision is made, the administration firstly collect information about the external environment as a basis for decisions of the administration in order to fully understand the situation of the fact, we call the administrative investigation. Administrative investigation is widely used in the practice. Since China's light weight entities cultural traditions of the legal procedures, and administrative investigation and the lack of legal norms making the administrative body in the process of investigation, often ignore the requirements of due process, in accordance with the terms of reference and procedures model, emphasis on the outcomes, makes administrative investigations have many flaws, these defects directly or indirectly, on the relative human rights of substantive and procedural violations. And the current investigative powers for the control of the rules are often vague and lack, easily lead to the investigation of the flaws of the legal regulation of the vacuum system. So what kind of adopted measures to prevent the defects of administrative investigation , what legal means to conduct investigations on the flaws of the violation of the rights of relative relief, which are important issues to discuss the flaws of the administrative investigationIn this paper, First outlines the basic flaw in the investigation and the meaning defined in the survey on the basic types of flaws. Chapter II analyses the specific performance about the flaws in our country from the investigation of the process of investigating. Chapter III analyses the causes for the defect and its negative impact from the legal system and cultural aspects of the investigation. Chapter IV discusses how to keep from the defects. Chapter 5 the investigation of defects relative to the substantive rights and procedure rights of both the damage to the survey flawed legal relief.