摘要
行政调查在现代行政法治中日益凸显其重要地位,但是我国缺乏完善的行政调查法律体系,立法对于行政调查与人权保障之间的冲突也缺乏有效调控。这主要源于传统行政法学对行政调查定位为附属的、过程性的行为,对其在行政法治中的独立价值缺乏足够认识。完善行政调查机制,构建法治政府,必须对行政调查的内涵、性质进行宏观上的再认识。
Administrative investigation plays an increasingly important role in the modem administrative rule of law, but there is not a perfect legal system of it in our country. What＇s more, the effective regulation and control upon the conflicts between administrative investigation and the insurance of human fights is also in want by legislation. It is clue to the fact that the traditional Science of Administrative Law has evaluated administrative investigation as an attached, procedural behavior with insufficient recognition of its independent value in administrative role of law. Therefore, in order to construct perfect rule of law in administrative investigation, the connotation and nature of it should be re-recognized microscopically.
出处
《闽江学院学报》
2006年第6期24-28,共5页
Journal of Minjiang University
关键词
行政
调查
认识
administration
investigation
recognition
