Study On The Legal Regulation Of Administrative Investigation Procedure

The procedure is the important foundation of the administrative investigation,which directly determines the legitimacy and acceptability of the administrative investigation.Insufficient legal regulations exist in the current administrative investigation procedures,such as failure to achieve substantial openness and transparency in the advance notification stage,impairment of legitimate rights and interests of administrative case-related personnel in the data collection stage,and indolence in discretion and communication and feedback stage in the judgment of investigation results.This not only harms the legitimate rights and interests of the persons involved in the administrative cases,but also makes the administrative disputes in the practice of administrative investigation increase gradually,which hinders the construction of China under the rule of law.The main reason for the insufficiency of the legal regulation of administrative investigation procedure is the lack of the core idea in the current legal regulation,the inadequacy of the law enforcement and the inadequacy of the supervision and relief,etc.We shall,in combination with the plan for building China under the rule of law and under the guidance of the principle of due process,set up a basic path to solve problems from such aspects as administrative legislation,administrative law enforcement and administrative remedy,the administrative investigation procedures in all administrative regulations shall be integrated and defined,the self-determined procedures of administrative organs shall be controlled,the concept of law-enforcement shall be changed,the supervision over law-enforcement shall be guaranteed,and an effective administrative relief mechanism shall be established and the channels for administrative relief shall be expanded.This not only represents the future trend of the application of procedure in administrative investigation,but also accords with the overall goal of the construction of China’s rule of law.