比较行政法视野下传唤的法律属性及控制

On the Legal Character of Summoning from the Perspective of Comparative Administrative Law and Its Legal Control

传唤是行政主体为了查明案件事实,通知特定人员到达指定地点接受调查或者询问的行政强制措施。大多国家在行政程序法中对传唤的适用范围、传唤的启动、实施及事后监督救济进行规范。相比较之下,我国也应当在行政程序法中明确规定行政机关依职权调查取证原则和当事人的协助调查义务,相应的要扩大传唤的适用范围,同时为了对被传唤人权利的保障,应当严格限定传唤的实施,并构建传唤的审查和救济途径。

Summoning refers to the forceful administrative measure taken by the administrative subjects to notify the wanted personnel to come to the stipulated place for interrogation or inquiry in order to clarify the facts of cases. Most of the countries have prescribed its applicable scope, activation, implementation, supervision and remedy. Comparatively speaking, China shall prescribe clearly in its Administrative Procedure Law the principles for administrative organs to execute mvestigation and gathering for evidence as well as the coordinative responsibili- ties of the person concerned. In addition, China shall enlarge the scope of summoning on one hand and prescribe strictly the implementation of summoning on the other hand in order to protect the interests of the summoned per- sons. The assessment and remedy means of summoning shall be set up as well.