公共灾难事件行政调查:目的、主体与机制

Administrative Investigation into Public Catastrophic Events:Its Objective,Subject and Mechanisms

公共灾难事件行政调查的目的在于还原事实真相,不在于追究责任,行政调查与行政决定、技术调查与司法调查应两相分离。公共灾难事件行政调查的主体必须独立、专业、权威。独立是调查主体的法律地位要求,专业是调查主体的能力要求,权威是调查主体的声誉要求。公共灾难事件行政调查应特别强调对公众负责,调查应当处于公开状态,做到过程公开、证据公布、结果公示。公共灾难事件的调查报告是事件调查的结论性行政文书,只能在行政决定中有限适用,不得作为刑事证据在刑事诉讼中直接适用。

The purpose of the administrative investigation into the public catastrophic events is ＂to find out the truth＂ rather than ＂to assign responsibility＂. Administrative investigation and administrative decision, technical investigation and judicial survey all should be separated. The subject of administrative investigation into public catastrophic events must be independent, professional and authoritative. Being independent is the requirement of its legal status; being professional is the requirement for its ability; being authoritative is the requirement of its reputation. The administrative investigation into public catastrophic events should emphasize its responsibility to the public. Its process should be transparent; its evidence should be disclosed; its result should be publicized. Its report is kind of conclusive administrative document about event investigation, which can only be applied in the administrative decision, but not applied directly as criminal evidence in the criminal litigation.