Analysis On The Legal Attribute Of Administrative Investigation And The Connection With Other Investigation Systems

In the traditional administrative law theory, administrative investigation is alwaysbeen regarded as a administrative factual action, this one-sided view neglect the inherentdiversity and complexity of administrative investigation leading to most of theadministrative investigation being excluded from administrative litigation. Therefore, it isnecessary to have typed analysis on the legal attribute of administrative investigation; thegeneral investigation which has a wide range of respondents should be regarded as aadministrative factual action. the special investigation whose respondent is specific shouldbe regarded as a special Administrative; the consentaneous investigation which incondition of the administrative counterpart’s agreement should be a bipartite administrativeaction, the compulsive investigation which investigate with coercive power should be aunilateral administrative action; the adjudicative investigation which consists in thetripartite administration legal relationship should be a procedural administrative action. Inaddition, in order to establishing a sturdy administrative investigation system, we also needto clearly clarify the relationship of administrative investigation、criminal investigation、theinvestigation of National People’s Congress and the third party investigation or otherinvestigation systems, we should make it clear that administrative investigation andcriminal investigation are different in power attribute and investigation principle,administrative investigation is independent in the investigation of National People’sCongress, as well as the administrative organization is dominant in the third partyinvestigation, it can judge the effectiveness of the third party investigation report accordingto the different situation when results between the third party investigation andadministrative investigation are different.