Administrative Investigation, The Procedural Rights Of The Relative Research

Administrative investigation is an informaintion collected actinon acted by the governments when finding out the fact of cases, to achieve a certain administrative objective.This article study the problerm in the viewpoint of rights owned by the administrative counterpart,changing the old style which starting their points in the view of the power owned by the governments.The rights of private property,privacy,personal liberty are the most important kinds of entity rights owned by relative parts. Specific to the administrative investigation ,invesigating the private property must have legal resons ,following the statutory procedures. The things of refering by the privacy are those which people do not want others to know .Right to personal liberty is the relative right to freely dispose of his body.If the administrative authorities want to ask counterparts ,they must use call cards.Professor Ji Weidong once said that there isn't as many difference as we thought between the right ruled by western countries constitution and chinese constitution.The key is our country ignoracing the important of procedural rights.The kinds of procedural rights are as follows(1)the right to know.(2)the right to participate;(3)the right to refuse.The rights means that the lawful orgnization acts the investigation obeying legitimate power according rightful procedure. Administrative refers to the interests of the public and private,so the law can formulate the counterparts should fulfill the obligations condering he/she is the one who played a role in the case.It seems that the obligations and the right to participate is incompatible.But in fact each of them include differen things .If the counterpart gives up the rights he still needs to fufill the obligations , vice versa.