Guarantee Of Rights Of Private Party In Administrative Investigation

2009 Shanghai "entrapment" incident has caused a concern of protection human rights in the administrative investigation. The private part of administrative investigation is the people who bear the rights and obligations in the activities party of administrative investigation which from the administrative law. Because administrative activities must rely on administrative investigation behavior, however, administrative investigation exists in people's lives with the expansion of executive power.As the academic has not been given enough attention to the important position of administrative investigation, so the protection of the private party in administrative investigation in an awkward position. In this paper, the concept of rights-based legal system itself and the administrative investigation to clarify the private party rights in an administrative investigation is reasonable, and then an administrative investigation of the relative human rights, analysis of the administrative investigation relative need for protection of the rights. Shanghai "entrapment," is only a trip of the iceberg in administrative investigations which the private party rights damaged. In the administrative investigation, due to the different ways of administrative investigation, the investigation has a different relative damage. The private party rights of administrative investigation main causes of damage to human rights awareness weak internal and external factors are missing the legal system. Therefore, the private party rights of administrative investigation perfect protection mechanism can be from three aspects. First, an administrative investigation to improve the protection of the rights in terms of relative laws and regulations; followed from the substantive and procedural law to the appropriate administrative investigation system regulation; finally improving the administrative investigation relative human rights remedies.This article is divided into five parts.The fist part is introduction.The second part of the administrative investigation is the basic theory of private party rights. Including the right to existence is reasonable, the right of the main content and the need for protection of the powers.The third part analyzes the reasons for the private party status of human rights. Reveal the way different administrative investigation relative damage caused by different interests, and to explore its causes.The fourth part focuses on how to improve the administrative investigation rights protection mechanism relative. This paper argues that improved from three aspects, namely to strengthen the legislative protection of the rights, and second, both from the substantive and procedural regulations of administrative investigation, the three administrative investigations is to improve human rights in the relative way of relief.The fifth part is the conclusion. Overview by type of combing the whole article, the relative rights of the administrative investigation of the legislative channels prospect of relief to through the "Administrative Procedure Law" of change and the "Administrative Procedure Act," the formulation to achieve the ultimate goal of protection of human rights.