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The Research of the Proper Procedure in the Administrative Investigates

Author: CaoDan
Tutor: DengJianHua
School: Hunan Normal University
Course: Constitutional and Administrative Law
Keywords: The administrative investigation proper procedure basic principle procedure regulation
CLC: D912.1
Type: Master's thesis
Year: 2010
Downloads: 152
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Abstract


The information is the administration machine’s fuel. The administrative investigation is a method of the collection information, is the premise of the administrative organ to take other administrative actions. It is playing more and more vital role in modern administration. The inspection’s implementation of the administrative right often means that the relative person’s legal rights, even is the basic rights are limited. So it is necessary to limit and supervise the administrative investigation. In fact, the administrative investigation is improper means the procedure of administrative investigation is improper. The justice of procedure is the safeguard of the justice. In order to make sure the justice of the administrative investigation, we must regulate the procedure to the administrative investigation behavior.This paper introduces the concept of procedural justice, concerned about the value of administrative investigation of procedures, from the administrative investigations and proceedings just two aspects of conflict and fit research, advocated the establishment of the system through the process to regulate administrative investigations, administrative investigation of procedures to achieve justice. Is divided into four parts:In the first part, I discuss the elementary theory of the administration investigation. I choose the concept of the administrative form this article. The concept is adopted by means of studying the domestic and foreign administrative investigation concept. The analysis and classification of the administrative investigation are regulations which discuss the administrative process. The administrative investigation is widely suitable for each administrative domain.In the second part, I analyze the connotation of the procedure justice. Furthermore, I discuss the both law foundation between the administrative investigation and the procedure justice. For another word, we should safeguard the citizen’s basic right in administrative investigation. Through this way, the conclusion of the administrative investigation will be just.In the third part, I analyze the conflict between the administrative investigation and the procedure justice. So I find the contraries between the reality of the administrative investigation and the procedure justice, and analyze the reasons of these contraries. Then we can find better resolutions of the question which can reduce the conflict between the administrative investigation and the procedure justice.In the fourth part, I discuss the conjunction between the administrative investigation and the procedure justice. We must abide by the basically procedure principle, that the administrative investigation will conform to the procedure justice. Moreover, the achievement of the basically principles must depend upon the establishment of the basically regulations, so we must find the way that can rule the procedure of the administrative investigation by the foundation of the procedure justice lowest basically regulations.

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