Abstract
How to effectively protect the interests and rights of individuals and how to even realize a higher-level goal, individual justice and creative property are disturbing problems in administrative investigation. However, the complexity of the problem is increased because it includes arbitrary investigation and compulsory investigation. The specialness of the problem can be discovered through the clarity of administrative investigations on the attribution of concrete administrative acts. There is another effective method, namely the procedure standard reflecting the self-discipline principle except the mainstream method of right-control (i.e. judicial review). It is a combination of self-discipline with right-control, and may be one of the methods keeping pace with judicial review to realize the above-mentioned goal.
Highlights
There are over thirty direct legal norms about administrative investigation in China through rough statistics
The judicial review will always be a mainstream effective method to limit the discretion from the view of both the continental law system’s self-discipline theory and the AngloAmerican law system’s power controlling method
The self-discipline, namely the procedure standard is the realization of the self-restraint principle
Summary
How to effectively protect the interests and rights of individuals and how to even realize a higher-level goal, individual justice and creative property are disturbing problems in administrative investigation. The specialness of the problem can be discovered through the clarity of administrative investigations on the attribution of concrete administrative acts. There is another effective method, namely the procedure standard reflecting the self-discipline principle except the mainstream method of right-control (i.e. judicial review). It is a combination of self-discipline with right-control, and may be one of the methods keeping pace with judicial review to realize the above-mentioned goal
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