Research On The Administrative Law Enforcement Of Temptation Investigation

With the continuous development of our society and economy, the rule of law and the legal process, the emergence of a variety of new problems. Which, in the practice of administrative law enforcement,"fishing law enforcement","trap forensics" represented by the temptation of investigating the phenomenon is an increasing number. Especially on2009fishing law enforcement for the public opinion of swirling speculation Shanghai Minhang District traffic law enforcement unit on behalf of the fishing law enforcement cases occurred, the investigation of administrative enforcement temptation to enter the field of view of the people and aroused intense discussion.Related to the basic theory of administrative law enforcement temptation concept and content of the survey, including what administrative enforcement body use trap forensics investigation of the behavior of this temptation illegal evidence collected administrative relative person, what is the legal basis?Chief temptation investigation behavior why there is so much controversy in the present context of China’s economic and social reason for the existence of this controversy is caused, which conflict with our existing principles of administrative law? Meanwhile, China’s national conditions and the comparison with foreign law, the reasonableness of its existence which points, its existence is reasonable and what kind of controversy? Whether the behavior of administration according to law the concept of the rule of law match? due to administrative enforcement actions in the extensive social existence, makes the temptation investigation behavior abound in the field of public order, traffic, environment, health, and other administrative and administrative subjects to make such acts a certain extent against administrative relatively the legitimate rights and interests of the people, the country and not in the legislative temptation investigations relevant administrative law enforcement to be provided.Through the comparison and analysis shows that the administrative body in the temptation in the law enforcement conduct of investigations and administrative law principle of administration according to law and the principle of reasonable administrative conflict and contradiction, however, the temptation surveys in some major or complex cases but able to compensate for the generallack of administrative enforcement tools and evidence collection efficiency is greatly improved. Therefore, if you want to make the administrative temptation investigation to avoid hazards and play a positive role, then the administrative temptation conduct of investigations shall legislation and other relevant aspects of its regulation.