| Cooperative governance as a basic mode in which multiple subjects take part in social governance,is an important manifestation of administrative democracy and flexibility and a corollary of respecting the administrative counterpart’s legal rights.Obviously,these features of cooperative governance will give the administrative counterpart’s assistance obligation in administrative investigation a new look that the obligation is no longer a categorical obligation to obey the power of administrative investigation,but a limited cooperative obligation.According to this logic,such obligation and the power of administrative investigation will form relatively independent,interdependent and inter restricted relationships in function orientation,and finally reach a certain equilibrium state.Moreover,the two also form a mutual corresponding relationship in legal content.Based on these relationships,the relevant systems realize healthy operation.But looking from our statute,such obligation has not relatively independent functional orientation,and the interdependent,inter restricted and mutual corresponding relationships between such obligation and the power of administrative investigation have not been fully reflected,which cause many problems taking place in the system of the administrative counterpart’s assistance obligation in administrative investigation.To improve the present situation,it is necessary to thoroughly research the administrative counterpart’s assistance obligation in administrative investigation.The contents of this paper are chiefly divided into four parts:The first part defines the notion and legal nature of the administrative counterpart’s assistance obligation in administrative investigation,which is the basis of this argument.In practical terms,this part first analyzes the meaning of the administrative counterpart’s assistance obligation in administrative investigation,and secondly defines the extension of the administrative counterpart’s assistance obligation in administrative investigation as the statement or explaining obligation,providing related papers or materials obligation,obligation of presence,and other obligations of action and tolerance obligation,and then it differentiates and analyzes the administrative counterpart’s assistance obligation in administrative investigation and relative concepts,and finally the paper analyzes the legal nature of the obligation.The second part illustrates the existing problems in the system of the administrative counterpart’s assistance obligation in administrative investigation from two aspects of our regulation and practice.These problems are the limitation of the administrative counterpart’s assistance obligation is not perfect,the quantity of the administrative counterpart’s assistance obligation is too large,the activeness of the administrative counterpart to fulfill assistance obligation is insufficient and the legal consequences of the administrative counterpart to violate assistance obligation are not complete.The third part analyzes the reasons of the existing problems in the system of the administrative counterpart’s assistance obligation in administrative investigation.These reasons are that the administrative counterpart’s assistance obligation and the power of administrative investigation are out of balance in function orientation and have no corresponding relationship in legal content.The fourth part is the perfection of the system of administrative counterpart’s assistance obligation in our country administrative investigation.Basing on the foregoing analysis and directing against the existing problems in the system of the administrative counterpart’s assistance obligation in administrative investigation,this part puts forward feasible measures.Concretely,to determine the limitation of the administrative counterpart’s assistance obligation,the law should provide the principle of legal obligation,the principle of being bound to the obligor ability,the principle of proportionality,the principle of efficiency and the exemption right of refusing to assist investigation.To set reasonably the quantity of the administrative counterpart’s assistance obligation,the administrative agency should establish classified comprehensive administrative investigative power pattern and departmental coordination mechanism of administrative investigation.To improve the activeness of the administrative counterpart to fulfill assistance obligation,the administrative agency should take non-compulsory administrative investigation and administrative guarantee system.To perfect the legal consequences of the administrative counterpart to violate assistance obligation,firstly the law should add corresponding clauses,and secondly the law should clarify that the administrative organ have the right to impose administrative compulsion,and finally the law should be regulated according to types of administrative investigation. |
