On The Temptation Of The Administrative Investigation

In recent years, the country's "fishing enforcement" event frequently caused uproar in the community. If you are interested in Baidu, enter "fishing law enforcement," words, you will find many thousands of pages about it. Because of this, gave birth to the theorists of "fishing law enforcement," the study. Many scholars and ordinary citizens on the "fishing law enforcement" exception concerned, but also expressed a lot of views. Reference in the field of Criminal Law "Criminal Entrapment" concept, "fishing law enforcement" can also be called "the temptation to survey administration." So, administrative investigation in the end the temptation is illegal or legal actions? In practice we can apply? The temptation to investigate violations of administrative investigation will be the legitimate rights and interests of it? These problems have been plaguing many scholars argue incessantly. Through this analysis, want to help solve these problems. This article is divided into four parts:The first part, the chief temptation to rationality of the existence of investigations. In practice, the temptation to survey administration has its rational side. Face some serious administrative violations, and conventional means of investigation can not take the case of evidence, can effectively fight the temptation to investigate violations. The temptation to investigate the nature of executive power is still an executive power, executive power is just the concrete. The temptation to investigate the administration out of the public interest and order maintenance, and with a similar investigation of criminal temptations, which the legitimacy of the theory community has been limited recognition, the former should also be limited recognition.The second part, the Chief temptation to investigate the existence of the defect. The reason why many scholars do not recognize the temptation to survey administration, that it simply does not have legitimacy and should not be applied in practice, the temptation to investigate the root cause is the administration there are many flaws. Administrative investigation against the temptation of the principles of due process, the principle requiring the executive to make a relative disadvantage on the decision, the facts must first inform the reason and basis for the decision, the parties must be heard impact statements and representations. Obviously, the administrative investigation of the investigators by the temptation to conceal the identity of the person under investigation to induce the implementation of an offense against the principles of due process. The survey also damaged the Administration temptation to the authority of law, due to some administrative leadership of law enforcement officers or a sense of home neglect laws, in practice, free to apply to the temptation to investigate, which greatly undermined the authority of law. Chief lure survey also greatly reduces the credibility of the government, ordinary citizens no longer trust the government, but also damaged the image of the country and the government dignity.The third part of the administrative investigation and the temptation to protect fundamental rights. Almost all the constitutions of many countries gave their citizens the right to personal liberty, freedom of residence, privacy and property rights to the basic rights of citizens can be based on the provisions of the Constitution requires the State shall not limit or deprive citizens of these rights. However, the temptation to survey administration often violated in practice, these basic rights of citizens.The fourth part of the lure of the investigation of administrative regulation. Chief temptation to investigate if a "double-edged sword," people feel happy and make people worry. Given the temptation and the rationality of the existence of defects investigation, and the temptation of criminal investigation has also been limited recognition, so the temptation of the administrative investigation under strict regulation, can also be a limited recognition of its legitimacy. But in the end what should be regulated from it? First, the applicable principles: application must follow the principle of legality, necessity and proportionality; Second, the scope of application: only applies to those who seriously endanger people's lives and property and the public interest and is difficult with conventional means of investigation and evidence collection administrative violations; the third for the object: only applies to the executive authorities have sufficient evidence to prove that the person being investigated have illegal intention, or the person, and can not be applied with a minor; fourth, Scope of Application: Due to the temptation to investigate person under investigation is the ability to resist the temptation of a great test, so the application can not be over when "temptation"; Fifth, the approval process: the temptation to investigate for the approval process must follow strict; Sixth, strengthen the government administration asked accountability, the temptation for the investigation of serious violations of applicable legal rights and interests under investigation or the adverse social impact, and should be investigated for lead; seventh, the introduction or improvement of relevant laws to strictly control the temptation to investigate, especially the "Administrative Procedure Act "; the eighth, the administrative investigation into the temptation of the scope of administrative litigation. In addition, it should establish a sound of relief measures to protect the legitimate interests of the person under investigation. First, establish the appropriate Exclusionary rules of evidence obtained illegally cannot be used as incriminating evidence in court; second, to develop and improve relevant laws, the rights for the loss of the person under investigation to provide legal relief; Third, turned the survey was to investigate the trap for the innocent who can defend.