Administrative Investigation Of Balancing Of Interests

Administrative investigation is the activity that the administrative body in order toidentify the facts of the case and using the executive to collect the case data, surveyevidence in following the start of administrative proceeding and before make theadministrative decisions. Administrative investigation is also an activity that must becarried out by the administrative body to make decisions, orders etc and related to theadministrative activity’s legality, validity and feasibility; The administrative organ are theexecutive organ also determines that the administrative investigation’s important positionin the administrative law. In other countries, especially like The United Kingdom and theUnited States etc that pay more attention to procedural law, administrative investigation isa very important system. In China, the development of administrative law is very late andthe administrative procedure law is not be paid much attention until1996,the system ofadministrative investigation is very imperfect and it’s concept, nature, operationalprocedures etc is very fuzzy and all this lead to violate the administrative counterpart’srights occurred frequently and the strained relations between administrative body andadministrative counterpart.This article describes the administrative investigation’s meaning, nature and thecauses of the conflict of interest. Through discourse the conflict of interest between theadministrative body and the administrative counterpart in administrative investigationprocess, supported that the administrative investigation is an independent administrativesystem and pointed out that achieve a balance of interest is the fundamental way to solvethe conflict of interest in the administrative investigation. The article also describes themain problems in the administrative investigation system and proposed the solutions in thehope that can make some contribution to the improvement of the administrativeinvestigation system.