On The Right Administrative Investigation Of The Legal Regulation

The executive administrative investigation of specific administrative acts made before the collection of information, to understand that the range of activities. A specific administrative act is legal and administrative body on the evidence whether the material is closely related to a comprehensive and accurate in today's information age, a huge amount of information, how to accurately grasp the information and in the investigation process does not infringe the legitimate rights and interests of the executive relative of the current executive government is a challenge. At present, China executive authorities in the investigation process there is in place, crossing the line, the phenomenon of abuse of investigative powers, increased the financial burden of people under investigation, and undermines their legitimate rights and interests. At the same time, in the current concept of the rule of law, the administrative investigation is one tends to be more open and inclusive system, it is impossible to put the traditional administrative law within the framework of the theory to study them. Moreover, the current administrative and academic circles have the concept of administrative investigation, the nature of the problem are still differences.This article is based on the above problem, mainly introduces the concept of administrative investigation, as well as the relationship with other concepts would be an administrative investigation is defined as an upper concept, including the administrative check specific methods, while the administrative investigation and an immediate distinction between mandatory and evidence system. In this paper, different perspectives on the classification of administrative investigation, in order to achieve the diversification of types of administrative investigation. With regard to the nature of the administrative investigation is about the academic focus of debate, this paper that the administrative investigation in line with the specific administrative act constitutes elements belonging to a specific administrative behavior. Article in the examples of China's administrative investigation after the analysis of practical problems exist in its deep-seated reasons behind, and recommended the adoption of an administrative investigation of the ex post facto judicial review to protect the legitimate rights and interests of the executive relative. Hope that through this preliminary study of the administrative investigation so that an administrative investigation of this important administrative acts taken seriously, and gradually make it perfect.