| dc.description.abstract | Study on Administrative Inspection
Abstract
The acts of administrative inspection are broadly existed everywhere and have been intimately close to everyone’s daily life. The act of administrative inspection is executed by administrative organs to positively interfere with national public interests and people’s private fields through executive powers, namely, the executive act of an administrative organ to collect information from citizens that is the administrative supportive action essential to the administrative laws.
The act of administrative inspection is different from administrative order, administrative contract, laws and orders, administrative rules. Its use of terminology varies, and its scope of application, categories and contents are also very wide and broad; however, no matter which term to be used, its concept is always concerned with the actions of collecting information from people. An administrative inspection sometimes greatly affects the private rights of people; thus, there is a very important issue of this study on administrative inspection, that is, how to reasonably restrict on the administrative organs to launch such acts of administrative inspection and not to arbitrarily infringe upon people’s rights in compliance with the principle of rule of law.
This article is going to discuss about the act of administrative inspection executed by administrative organs, to do a deep research on this mechanism within the administrative law and jurisprudence, and to make some relevant comments and suggestions: First, analyzing the notion of administrative inspection, including its definition, contents and implications; second, highlighting some of the acts of administrative inspection which people are most frequently exposed to; third, discoursing upon the administrative inspection under the principle of rule of law; fourth, establishing the procedural rules and related measures concerning implementation of administrative inspection; fifth, mechanism of protection of rights and remedial system; sixth, also on the acts of administrative search; seventh, the issues related to administrative inspection under the Computer-Processed Personal Data Protection Law.
Keywords: administrative inspection, administrative investigation, administrative search, due process of law, the Exclusionary Rule, personal data protection, prohibition of double jeopardy, provisional protection of rights
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