卫生行政处罚调查程序中相对人协力行为研究

Reasch on Administrative Counterpart's Assistant Act of Administrative Investigation in the Field of Public Health

行政调查是行政处罚的先行程序,是行政机关的重要权力活动之一,是行政处罚与决定的基础。因为卫生行政调查的专业性与技术性,相对人的协力行为对达成行政目的就显得格外重要,但是我国对其研究较少。行政协力符合行政民主化、法治化的制度选择,已成为当今行政实践重要的行政手段和行为形式。所以应该借鉴外国经验结合我国实际,在《行政程序法》的制定过程中加入此内容,建立以非法证据排除为核心的相对人救济手段,采取相关措施以约束行政权。

Administrative investigation is the ex-procedure of administrative punishment, the important power of the executive department and the basis for administrative decision. The administrative counterpart＇s assistant act meets the trend of democratization, and the rule of law system. It has become an important form of administrative measures and actions. Because the administrative investigation in the field of public health is a professional and technical one, the administrative counterpart＇s assistant act plays an important role in achieving administrative purpose. But not much research was done in the field. Therefore, we should learn experience from foreign countries. And it should be an essential part of the ＂Administrative Procedure Act＂ in order to restrain the administrative power. And also the establishment of exclusion of illegal evidence should be established as the core means of relief way.