On The Administrative Investigation

Administrative investigation is the prerequisite procedure foradministrative bodies to carry out administrative management andadministrative adjudication. It is playing an important role in theadministrative management. Especially it is the necessary part of theprocedure of administrative punishment. By contrast with thesignificant effect which makes in practice, the theory research ofadministrative investigation far drops behind the development ofadministrative investigation. According to the theory of administrativebehavior, the administrative investigation does not influence on theright and obligation of the administrative relative person, so it can't bea dependent system. However, on the view of administrative processtheory, the administrative investigation is the same as the otheradministrative behavior; it has a procedural of starting, carrying on andending. There is the dependent value of administrative investigation.The paper can be divided into four parts:The first part mainly introduces the basic theories about theadministrative investigation. Firstly, it tells the transfer of paradigmfrom the theory of administrative behavior to the theory ofadministrative process, and the meaning about the transfer for theresearch of administrative investigation. Secondly, it tells us themeaning about administrative investigation and the classification ofadministrative investigation.The second part focuses on the basic principle of administrativeinvestigation, the composing of administrative investigation and theperformance of administrative investigation at fact.The third part tells us the blemish of administrative investigation, and analyzes the reasons which cause such blemish.The fourth part puts forward three methods to resolve the problemof the administrative investigation which lacks the whole composingof administrative investigation, and analyzes the controversy aboutthe use of the solicit investigation in the administrative investigation.