Analysis On The Problems From The Third-Party Investigation

Through the Shanghai "fishing" law enforcement case and Nanjing "XuBaoBao" case, the "Third-party Investigation" as a social supervision mean under the guidance of government, which reflects the slow formation of prototype of civil society in our country and the awareness of civil rights under the virtual network. However, it is also facing the problem as lacking of legal authorization, organization and neutral survey procedure. In the existing legal system of our country, the National People’s Congress is the supervising organ, which has the power to set up a special investigation committee to investigate the social public incidents. Therefore, we find a way to solve the above problem, that is, the National People’s Congress set up a special committee to start the "third party investigation" and take the responsibility of personnel selecting and power authorizing. Then the third party carry on the survey under the legal principle and procedure. The third party group also takes the legal responsibilities. From the above, we construct a legal and normative "third party investigation" system.