The Study Of Administrative Hidden Investigation

In the field of administrative law enforcement, administrative hidden investigation is a kind of effective investigation ways. We often use it when it is hard to find out illegal behaviors and obtain evidences of wrongdoing by using the traditional public investigation ways. When the administrative organs use administrative hidden investigation(AHI), they do not inform the parties and outside in order to meet the actual needs of the investigation and evidence, to prevent and control the major risk and benefits occur. Because AHI has secret, flexibility and any other features, it has some effects that traditional administrative manner is irreplaceable when we response to the aspects of ever-changing violations. That's why the application of AHI is showing a trend of expansion. Gradually, it is widely used as an assist and alternate way of traditional administrative investigations in various fields. However, AHI now also exists some problems. Therefore, China legal profession should be make strict and detail provisions. But now today our legal system has not made specific provisions for this particular way of administrative investigation-AHI. It can only be found in individual legal texts as scatter stipulate evidences which obtained from the hidden investigation. They are only brief and generally regulative, lack of systemic and uniform regulation. Mr. Long Zong-zhi mentioned, if we have to face a legal environment unsatisfactory, and under various conditions, we allow to pursuit an investigation way that is the best and relatively reasonable, for example administrative hidden investigation. Therefore, I think it is necessary to combine many hidden investigation examples in practice, in order to define and analyze AHI, to clear necessity of its existence. Since the two aspects of positive value and shortcomings in practice, we shall discuss it and put forward the feasibility of the legal control thinking to lay the foundation for its legislation. I hope to provide some suggestions to administrative authority on limited use and moderate control of this kind of investigation behavior, and do some contribution on making its regulations.The core of study is by using of extracting the basic elements of AHI, to analyze the causes of hidden investigation produced and existing problems, and try to give some advice to regulate AHI. That is how to effectively use and moderately control of this new way of administrative hidden investigation. On one hand that can make the administrative and law enforcement agencies provide better service for administrative management by using the new administrative investigation way, and improve the efficiency of law enforcement, on the other hand that can ensure the legitimate inviolable rights and interests of administrative counterparts.In summary, this paper mainly analyzes and does research on the behaviors of AHI from four aspects. Include basic theory of AHI, causes of produced, existing problems and how to control AHI in law ways. Basic theory of AHI include meanings and features. The reasons of produce state are from two points: practical basis and theoretical basis. AHI exists some questions in practice of administrative law enforcement, including hidden investigation body, ways and fuzzy legislation. Its using scope of the provisions is not really clear. Its procedure is not perfect. It starts at random, Evidence audit is not rigorous enough, It lacks of effective supervision, All above are the main chapters of the article. Objectively speaking, compared to other traditional way of administrative investigation, AHI has unique advantages. However our legislation is not perfect, it still has some problems during the practical operation. How to better use this “double-edged sword”? We need to carry on legal control and seek the balance between control and efficiency. Therefore, the core of the writing is to offer some advices, like the start of AHI, subject and scope of implementation, investigation ways, later told and review. I hope to further improve and regulate our country administrative law enforcement procedure, better protect legitimate rights and interests of the parties under investigation, strive to achieve a “win-win” in administrative law enforcement.