The Parties' Assistance Obligations In Administrative Investigation Procedure

In modern administration, as one of the most important power activities, administrative investigation is the action about collecting data and information so as to realize the objectives finally. With the increasingly specialized division of labor in society and complicated management of social affairs, administrative Organs frequently require the parties to provide assistance in labor service, information, facilities and technologies during the investigation. In the legal relation of administrative investigation, subject of administration hold a relatively luxurious position based on public interest priority, legislation should seek a balance of the rights and obligations between the two parties by means of improving and strengthening power regulation and limitation provision of the parties'assistance obligations, so that investigation absolutism can be averted and the parties'rights will be ensured.In order to regulate and restrict the assistance obligations, we'd better combine general law with special as the basic framework. The effective elements contain proper subjects, legitimate aim and reasonable time. Also, there are some factors that should be considered:the fully exercise of administrative powers, emergency investigation procedure, the party's capacity, and choose the diagnostic tolls of government that bring least damage. In particular circumstances, the assistance obligations can be exempted. Through adopting the doctrine of warrant, empowering counterparts the rights to resistance and following administrative and judicial relief channels, some procedural basis and protection are presented in case of failing to fulfill assistance obligations...