Research On The Legal Regulation Of The Public Participation In Administrative Investigation

In modern society,all the administrative activities should be based on the investigation.Administrative investigation plays a fundamental role in the realization of administrative decision.For a long time,scholars and professors of the administrative jurisprudence have done immense of research on the subject and procedure of administrative investigation,but have studied rarely in the administrative investigation.With the development of “reforming the government” and “serving the government”,public participation is playing the important role in the Participatory democracy,governance theory and new public service theory.It is worth mentioning that the social governance pattern of shared governance has been made clear which includes the public participation,the leadership of the Party,the responsible government,the social cooperation and the law guarantee.Although the relevant laws and regulations of various departments have been gradually increased,the relevant legal restrictions on public participation in the administrative investigation are still very few and simple.It happened frequently that the cases of the public participation in administrative investigation.For example,the citizens Take photos of illegal ACTS to the traffic police;the administrative organs and the public conduct a joint investigation;the administrative counterpart requires more and more investigative hearings.The public participation plays an increasingly important role in the administrative investigation.But a lot of problems have been exposed in this process,such as the fuzziness of the qualification of public participation and the lack of legal remedy and the unclear responsibility investigation and so on.Therefore,it is urgent and necessary to standardize the public participation in administrative investigation.This article is based on the multiple methods of Literature research andempirical research and the analysis of law and economics.It elaborates the concepts,features and functions clearly.And then,the problems of the public participation in administrative investigation are discovered through the current situation of the legislation and practice.Finally,the legal regulation of public participation in administrative investigation is put forward.This article is divided into four parts,each part is as follows.The first part is the basic theory of public participation in administrative investigation.Firstly,the basic concept of public participation in administrative investigation is clarified through the definition of the concept of administrative investigation and public participation.Secondly,this article analyzes the characteristics and participative factors and the functions of public participation in the specific perspective of administrative investigation.At last,this article expounds the theoretical logic of public participation in the administrative investigation.The second part is the legislative investigation of public participation in the administrative investigation.It includes the investigation of the legislative status and defects of public participation in the current administrative investigation.In the section,a large number of individual laws and regulations are studied,the relevant laws and regulations are analyzed and the legislative defects are found finally.The third part is the investigation of public participation in law enforcement.This part is combining with the practice of the instance,including traffic violations "take pictures",the existence of the food and drug management assistant,and the emergence of a third party testing.An accurate analysis could be got through specific cases,and the problems could be found in the process of participation at the same time.The forth part is the legal regulation of public participation in administrative investigation.This part is the core of this thesis.Through thinking about the above mentioned contents,we explore the legal regulation's path of public participation in the administrative investigation.This section contains four aspects.Firstly,it is made explicit which are the fundamental legal principles of the public participation inadministrative investigation.It includes legitimate participation and appropriate participation and orderly participation and effective participation.Secondly,the public participation in the administrative investigation shall be subject to the substantive regulation,including the definition of the subject qualification,the responsibility of the participant,and the regulation of the relevant rights of public participation.Thirdly,the public participation in the administrative investigation shall be subject to the procedural law regulation.It includes the start and implementations of public participation in administrative investigation.And the response should be constructed.Fourthly,the legal remedy of public participation in administrative investigation should be built.The relief includes administrative reconsideration,administrative litigation,administrative compensation,petition relief and other means.Administrative public interest litigation is the most positive way of all.