Relief System Of Administrative Investigation Research

The purpose of the administrative investigation system is to investigate the truthby the administrative bodies.At the moment, the administrative investigation hasbeen the important field of the study of administrative law,and plays a decisive role inthe legality of administrative decisions. However,the current level of legal norms lessspecialized require about the administrative investigation, and the theoretical researchof academic circles also does not keep up with and the application of the system ofadministrative investigation in the practice, so that there are certain defects in thecurrent system of administrative investigation of illegal relief. Because traditionaladministrative proceedings are based on the specific administrative act, theadministrative investigation has been long defined as the administrative factualbehavior, therefore the administrative investigation can not get relief from judicialremedy. Insufficiency of the current relief system leds to the comprehensive situationof the relief of illegal administrative investigation, illegal administrative investigationwill not only infringe upon the entity or procedural rights of the relative,but also goesagainst the concept of rule of law in the protection of human rights.For this reason, itis necessary to research the administrative investigation system,to find insufficiencyand problem in Practice. This paper focus on the relief of the illegal administrativeinvestigation，and proposes some suggestions in this article,in order to benefit therelief practice of illegal administrative investigation.This paper is divided into four sections to discuss the above issues.The first part investigates the current situation and the realistic plight of in theimplementation of the administrative investigation system. The portion analyzes fromtwo aspects,the first aspect analyzes insufficiency and reasons arised from theimplementation of the administrative investigation. The second aspect analyzes thecurrent plight of judicial remedy. Because the right of administrative investigation isas the public power, Legal norms should supervise the process of the administrativeinvestigation power implementation. However, there is insufficiency in currentsupervision of administrative investigation for some reality factors. The existence ofdiscretion and the lack of concern from legislation are the reasons,what make greaterroom for discretion in law enforcement operations by enforcement officers,at the same time,authority investigation expands the room for discretion in theadministrative investigation. The thesis analyzes the defects and the reason of theimplementation of administrative investigations rights,to highlight the need for legalregulation of the right of administrative investigation.The second part goes to research the experience of the administrativeinvestigation system of other countries,to introduces relevant experience about thedevelopment of the administrative investigation system in the United Kingdom andJapan,analyzes the reason and the social background behind the theorydevelopment.It analyszes the actual impact made by administrative investigation onsociety and the elevant experience came out from the establishment of administrativeinvestigation system.It is to combine with China’s circumstances, discusses theadministrative investigation theory.To study what we can learn from the establishmentof the administrative investigation system and what we can do in the actual situation.The third part focus on the legal nature of the behavior of administrativeinvestigation.the thesis would like to make suggestions to improve relief system ofadministrative investigation,also thinks the administrative investigation system inChina ’s legal environment first，meanwhile studys the development of administrativeinvestigation theory nowadays.It analyzes the current classification and qualitativemade by the scholars of the administrative investigation. The author proposes herselfunderstanding combined with her thinking, thinks the qualitative of theadministrative investigation behavior can be divided into factual behavior and legalact. then makes a study of the deficiencies which exists and puts forward by theauthors’understanding，and according to the nature of administrative investigation, theauthor of this thesis thinks the administrative investigation can be divided into twotypes,one is the factual behavior of administrative investigation, the other is the legalact of administrative investigation.The fourth part,It’s purpose is to improve the relief system of administrativeinvestigation and breaks through the limitation of traditional administrativeproceedings to factual behavior.Based on the factual behavior and the specificadministrative act, author considers how to structure the administrative investigationrelief system for the illegal administrative investigation act from the administrativeremedies and judicial remedies. At present, the main ways of administrative remediesare the administrative organs internal complaint, administrative reexamination, administrative compensation.This paper makes a investigation about the remedyeffect of administrative investigation factual behavior in these relief ways. At thesame time, accordance with the established traditional judicial remedies, such as theadministrative proceedings and state compensation,how the administrativeinvestigation of the specific administrative act illegal relief should seek to get relief.The author of this paper establishes the administrative investigation relief systemfrom the two aspects,and sets forward her propositions.The author of this thesis comprehends the classification and the nature ofadministrative investigation, moreover analyzs the deficiency of relief system, tries togive some suggestions on important issues. this thesis hopes to give some help aboutthe improvement of the the administrative investigation relief system, and makes abalance between effectiveness of investigations and protection of private rights.