Study On The Basic Theory Of The Administrative Investigation

Modern society is an information society ruled by law. As an important way to master information of the subject of administration, the administrative investigation (AI) is used widely in the daily administrative activities. The so-called administrative investigation AI mainly refers to the activities, which aims to achieve a certain administrative objective, while the subject of administration finds out factual information, or gathers evidentiary materials against the administrative counterpart.In the macrocosmic level, the administrative investigation AI can be defined as the information-collection activities of the subject of administration and the analysis about interrelated legal issues. In the microcosmic level, it can be analyzed synthetically in different categories and classifiablely according to the administrative objective and individual idiographic kenel of the AI.The procedure of the AI mainly includes five major elements: prior notificating, identification showing, information collecting, subsequent informing, and information publishing.Its defects mainly include three aspects: the source of power of the AI, the procedure of the AI, and the results of the AI. Through the combination of legislative perfecting, procedural norms, and judicial review, those defects can be avoided and redressed.