Study On Administration Covert Investigation

Administrative investigation results tend to affect the process of administrative law enforcement, it can be said that the administrative investigation is an important part in the administrative law enforcement procedures. However, our country administrative law tradition, has emphatically entity light the procedure in our country has no a complete administrative procedural law, administrative procedure has been spread in some administrative laws and regulations of the single department. And as an important part of administrative procedure of administrative investigation, is rare in the laws, regulations, and, in most of the administrative investigation in administrative procedures are adhere to the principle of administrative investigation and openness, the administrative opposite party for the interests of their own, tend to hide the fact, the illusion, often cannot achieve administrative public administration investigation. At this point, if take administrative work undercover, will obtain good effect.Administrative work undercover as a special way of administrative investigation, in the process of administrative law enforcement is more and more popular with law enforcement. Administrative work undercover refers to the administrative subject in order to achieve a certain purpose, by means of concealment or not identified as enforcers to contact the administrative relative person, thus acquiring the relevant evidence materials. Administrative work undercover through its concealment, secret characteristics, can make the administrative subject, convenient and fast real access to relevant evidence materials, improve the efficiency of administrative law enforcement. But at the same time, there are also many negative effects, administrative work undercover as administrative features such as concealment, secrecy, hidden investigation is likely to be the residences of citizens of, such as privacy privacy caused by the infringement. Undercover to easily change administrative temptation investigation, and the temptation investigation is very common in our society, is an illegal way of investigation, of which is prohibited by law, if the administrative once hidden investigation into temptation investigation, will harm seriously the legitimate rights and interests of citizens, legal persons and other organizations. Therefore, hidden investigation to the administration may produce negative influence, it is necessary for its legal regulation and supervision, it is necessary to work undercover tries to make clear to the boundaries and scope of implementation and qualified.Under the current legal framework, to solve the hidden investigation of possible defects, we can to make clear a regulation, hidden investigation way such as covert investigation can take in disguise, triple proliferation of survey, such as administrative report way. On the scope of implementation, the administrative organ in the administrative work undercover, need makes reference to the proportion of one of the important principles of administrative law principles, the principle of the determination of the scope of administrative work undercover has important guiding significance. Whether the evidence obtained administrative work undercover legal has always been widely controversial academic content, this paper argues that the legitimacy of undercover to obtain evidence, and will collect subject, from the evidence collection procedures and methods, evidence form of legitimacy are related in this paper.