Study On The Legal Regulation Of Administrative Investigation Discretion

Administrative investigation is an activity of factual investigation or data collection conducted by administrative organs to achieve administrative purposes.However,administrative organs often have discretion in the process of administrative investigation.When administrative organs illegally exercise their discretion in the process of administrative investigation,there will be the possibility of infringing on the interests of the opposite party.This leads to a conflict between the administrative investigation power of the administrative organ and the right of the administrative counterpart.Therefore,it is necessary to strengthen the legal regulation of administrative investigation discretion.This article is based on the basic theory of administrative investigation discretion,to understand the basic situation of administrative organs exercising discretion.On this basis,we will gradually explore the illegal manifestations that occur in the process of administrative organs exercising discretion.Based on the analysis of illegal manifestations of administrative investigation discretion,this paper proposes regulatory measures for administrative investigation discretion.This article is divided into six parts,each of which is as follows :The first part is the basic theory of administrative investigation discretion.By defining the meaning of administrative investigation and discretion,the author clarifies the meaning of administrative investigation discretion,and expounds the characteristics of administrative investigation discretion.The second part is the content of administrative investigation discretion.The starting method of administrative investigation power is that the administrative organ initiates it ex officio and initiates it upon application.This article aims to understand the exercise of administrative investigation discretion through in-depth exploration of the content of administrative investigation discretion at home and abroad under two startup modes.There will be exceptions if there are principle,and administrative investigation discretion is not a decision to exist.Under certain conditions,the administrative investigation discretion will shrink to zero.The third part is about the illegal manifestations of administrative investigation discretion.In practice,the illegality of administrative investigation discretion is inevitable.Through the comparison of legislation and practice in various countries,this paper deeply analyzes the illegal manifestations of administrative investigation discretion.The fourth,fifth,and sixth parts cover legislative control,administrative control and judicial review of administrative investigation discretion.These three parts are the core of this study.Through thinking about the illegal manifestations of administrative investigation discretion,we explore the path to improve administrative investigation discretion from three parts: legislative control,administrative control and judicial review.