Discussion On "the Basic Law Of Administrative Investigation" In Korea And The Legislation Enlightenment To Our Country

At present, The Basic Law of Administrative Investigation in Korea is the only one that formulated by unified legislative mode in Administrative Investigation Laws and Regulations around the world. Since this law being implemented, the phenomenon of the repeated and chaos Administrative Investigation have been improved quite a lot, it’s totally proved the actual effect of the law.In view of the confused administrative investigation and lack of the laws and academic research in the field in our country and be similar with Korea’s situation. The author chose The Basic Law of Administrative Investigation in Korea as the object of the study do the investigation from the view of legislation. Include the background, course, achievements of legislation in accordance with the time sequence. At last put forward the legislation enlightenment to our country.There are five parts in this paper. The first part of the paper:The Summary about Administrative Investigation, an introduction of the concept, the present situation around the world of Administrative Investigation, and the reason that the author chose the law in Korea. At first introduce the concept and then give examples about England, American, Japan and Korea to list three legislative modes there have. Finally put forward the reason that pick the law in Korea as the object of study.The second part of the paper:The Legislative Course of The Basic Law of Administrative Investigation in Korea, an introduction about the background of the legislation and the selection about scheme and institution and revision. In accordance with the time sequence, stick out the characteristic of the legislative background, and comment the selection of the scheme and then simply introduce the institution and the revision of the law.The third part of the paper:The comment of the main content of The Basic Law of Administrative Investigation. In accordance with the structure of the law, divided into two parts there are General Principles and Special Provisions and combine the viewpoints of the Korean scholars and the author’s.The fourth part of the paper:The characteristics and deficiencies of The Basic Law of Administrative Investigation. Sum up the characteristics and deficiencies of the law and put forward the suggestions of the Korean scholars.The fifth part as the final part of the paper:Make sure of the significance of the law and emphasize the legislative enlightenment to our country. Admit the law’s positive contents and sum up the deficiencies of the law in Korea and our country’s situation to bring up the enlightenment to us.