Research On The Protection Of Basic Civil Rights In Administrative Inspection

Administrative inspection is a kind of specific administrative action that administrative agencies understand or check whether the administrative counterparts obey the law.Administrative inspection is an important way for administrative law implementation.It covers a wide range of areas and plays an important role.However,at present,there are some problems in the administrative inspection,such as the non-uniform legal norms,the scattered and complicated chaos,and the disorderly levels.As a result,the executive authorities abuse the power of inspection at the implementation level,and they arbitrarily and infringe upon the fundamental rights of citizens are ubiquitous.This runs counter to the notion of governing the country according to law and administering according to law and building a service-oriented government.With the concept of democracy,the rule of law,fairness and justice deeply rooted in the hearts of the people,the problems in administrative inspection have been fully exposed and a sharper contradiction has emerged.That is,the current state administration concept of the rule of law and citizens' strong belief in democracy and the rule of law conflicts with the abuse of administrative inspection rights undermining the concept of administrative law and infringing the civil rights.Administrative inspection does not form a unified system of legal norms.It is the root of the administrative inspection that the administrative agencies illegal exercises of power,ultra vires law enforcement,violates the procedure,lazy to exercise of power to infringe the basic rights of citizens.This article takes the status quo of administrative inspection in the implementation as the starting point,takes the protection the basic rights of citizens as the ultimate goal,takes the principles of the rule of law and procedural justice as the guidance,takes the building unified legal system of administrative inspection system as a solution.All this is to solve the problems in the administrative inspection.The main body of the article is divided into four chapters.The first chapter is about the basic theory of administrative inspection,introducing the concept,characteristic,nature and the difference with the administrative investigation,and summarizing and discussing the dispute about the nature of the administrative inspection.The nature of the administrative inspection belongs to the specific administrative act,which will have a substantive effect on the rights and obligations of the citizens.The abuse of the administrative inspection power will also result in the loss of the basic rights of citizens.Thisis the basis for the discussion in this article.The second chapter analyzes the status quo of administrative insepction,which is divided into the status quo of legislation and the status quo of law enforcement.By summarizing the laws,administrative regulations and rules about the administrative inspection,the status quo of the legislature is reached.At present,the current administrative inspections rules are scattered and disorderly in specifications,and the status quo is found to be in violation of the rule of law to limit civil rights.The actuality of law enforcement through the actual case of the order,revealing the existence of illegal inspection in the administrative inspection,the abuse of power status.The third chapter is about the regulation of the necessity of administrative inspection for the protection of the basic rights of citizens.Firstly,it introduces the content and significance of the basic rights of citizens stipulated in the Constitution.Second,it cites several basic rights of citizens involved in the administrative inspection.Finally,the article discusses in detail the actual violation of the fundamental rights of citizens under the status quo of the administrative inspection.The fourth chapter is to build a unified legal system of administrative examination,that is,to protect the basic rights of citizens a realistic path.The author believes that the current objective conditions for the administrative inspection of the legislation has not yet been met,but the regulation of administrative inspection power is imminent.So I dare to conceive through the improvement of the content of the administrative inspection in the Administrative Punishment Law,it is expanded into an independent chapter and regulated in the form of obtaining the administrative penalties based on the methods of obtaining them.In this way,the basic principle of administrative law and order is guaranteed,and avoid restrictions on civil rights exercised by administrative agencies in exercising their powers of inspection.At the same time part of the power authorized to administrative regulations,departmental rules and regulations.Administrative regulations and departmental rules can only be refined for special needs in different fields and must not violate the basic inspection procedures in order to regulate the power of administrative inspection and thus guarantee the basic rights of citizens.