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Legal analysis: When an administrative agency specifically exercises the authority granted by law, it is defined as an administrative investigation in order to confirm whether there are facts that meet the requirements for the exercise of the authority and determine whether the authority can be exercised to conduct fact-finding or data-gathering activities. "Carrying out administrative inspections" refers to administrative acts in which administrative entities inspect, understand, and supervise administrative counterparts' compliance with laws, regulations, and rules, and the implementation of administrative orders and decisions by administrative entities in accordance with the functions and powers prescribed by law.
Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 55: When law enforcement personnel conduct investigations or inspections, they shall take the initiative to present their law enforcement credentials to the parties or relevant personnel. Parties or relevant persons have the right to request that law enforcement personnel present their law enforcement identification.
Where law enforcement personnel do not present their law enforcement identification, the parties or relevant personnel have the right to refuse to accept the investigation or inspection.
The parties or relevant personnel shall truthfully respond to inquiries and assist in the investigation or inspection, and must not refuse or obstruct them. A record shall be made of the questioning or inspection.
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The following are subject to administrative law investigation: (a) administrative relations and supervisory administrative relations.
There are four main types of administrative relationships that are subject to adjustment by administrative law: (1) administrative management relations, (2) administrative legal supervision relationships, (3) administrative relief relationships, and (4) internal administrative relationships.
Administrative law is composed of the Administrative Organization Law, which regulates the establishment of administrative subjects and administrative powers, the Administrative Acts Law, which regulates the exercise of administrative power, the Administrative Procedure Law, which regulates the procedures for the operation of administrative power, the Administrative Supervision Law, and the Administrative Remedies Law, which regulates the supervision of administrative power. Its focus is to control and regulate administrative power and protect the legitimate rights and interests of administrative counterparts.
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The objects of administrative law adjustment are administrative relations and supervisory administrative relations.
The object of adjustment of administrative law is administrative relations. The so-called administrative relationship refers to the various relationships that occur between the administrative subject and the administrative counterpart and the subject of administrative legal supervision in the exercise of administrative functions and the acceptance of administrative legal supervision, as well as the various relationships that occur within the administrative subject. Administrative relations are centered on administrative powers, and only social relations that are directly or indirectly related to the exercise of administrative powers are administrative relations.
There are four main types of administrative relationships:
1.Management & Services.
Administrative subjects dominate management relationships; The relationship between management and the managed caused by the exercise of administrative power is unequal. This is the most important and fundamental kind of administrative relationship.
2.Legal supervision.
The relationship of administrative and legal supervision is the various relationships that occur when the main body of supervision supervises the administrative subject, state civil servants and other administrative law enforcement organizations and personnel.
3.Relief. Administrative remedy relationships are relationships that occur when the administrative counterpart believes that its rights and interests have been infringed by an administrative act taken by the administrative entity, applies for relief from the administrative relief entity, and the administrative relief entity examines its application and makes a decision to provide or not to provide relief to the counterpart.
4.Internal Administration.
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The legal relationship is the relationship of rights and obligations, and is the content of administrative power, not the object of adjustment of administrative law. In the future, it is necessary to make a strict distinction between what should be and what is actually in such a question.
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Administrative investigation and administrative inspection are both means of supervision of administrative acts by state organs, but there are some differences between them.
The purpose of administrative investigation is generally to understand and collect certain information from the state, so as to better supervise and manage administrative acts. In administrative investigations, investigators will collect supporting materials provided by the parties, or actively collect relevant information through interviews, questionnaires, etc. Administrative investigations are characterized by flexibility and large volumes, and the subject of the investigation may be the administrative organ itself or other units and individuals related to the administrative organ.
In contrast, administrative inspection generally refers to the inspection of specific administrative acts or units by state organs to determine whether they comply with the provisions of the 1050 regulations, whether there are illegal problems and behaviors, or whether there are violations or illegal acts. Administrative inspection is a means of implementing 1050, and 1050 inspection and supervision is carried out on administrative acts and units that should be subject to state supervision in accordance with 1050 regulations. The scope of administrative inspection can be divided into comprehensive inspection and special inspection.
A comprehensive inspection refers to a comprehensive review of the inspected unit. For example, in the field of food safety, the state conducts special inspections on the sanitary conditions, production management systems, and food quality control of food production enterprises.
In general, administrative investigations and administrative inspections play different roles in supervision. The main purpose of administrative investigation is to understand the collapse and collect information so that it can better manage and supervise administrative acts; The administrative inspection pays more attention to whether the specific administrative behavior or unit complies with the provisions of the 1050 regulations to avoid violations of laws and regulations. Different supervision methods target different objects, but the purpose is to ensure the implementation of the national 1050 system.
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