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The Parties’ Assistance Obligations in Administrative Investigation Procedure

Author: WangZuo
Tutor: AoShuangHong
School: Central South University
Course: Constitutional and Administrative Law
Keywords: Administrative investigation procedure Counterpart Obligation to assist Guaranteeing that investigation
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


Modern administration , the administrative investigation as one of the activities of the important powers of the executive authorities , in order to eventually achieve administrative purposes and to collect data , information and administrative role . With the increasing specialization of the social division of labor and social affairs management complexity and administrative authority in the administrative investigation process often requires administrative relative person providing services, information , equipment and technology for the assistance . Administrative investigation legal relations , administrative subjects based on the public priority enjoy a relatively favorable position Legislation To balance the rights and obligations of both sides of the administrative investigation focus on the powers of the regulatory system of administrative investigation the principal of the while , provisions on the relative assist obligations limits also can not be ignored , the two complement each other , so as to prevent the abuse of the right of the investigation , and to protect the relative rights of the administrative investigation . Assistance obligations , norms and constraints , combined with the general law and special wears as a basic framework to investigate the proper subject expressly provided by law , the end justifies the investigation time limits for investigation reasonably effective elements to take full account of the exercise of administrative authority , emergency investigation procedures and the relative capacity factors means to take minimum damage . Meanwhile, in a particular case , the obligation of assistance can also be exempted . Prior writ doctrine , the right of resistance in the matter and the subsequent administrative and judicial remedies , refused to honor the obligation to provide assistance to some procedural basis for protection .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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