The Research of Administrative Inspection-Taking Governing Food Safety and Sanitation Law as Instance

• Main Authors: CHEN,YAN-LING, 陳彥齡
• Other Authors: JHOU,JIA-YOU
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/h94h79

碩士 === 中國文化大學 === 法律學系 === 105 === Before an administrative decision or sanction is imposed on any person, the administrative agency involved should collect materials to clarify relevant facts and obtain proper evidence. Administrative agencies use administrative inspection as a means to collect information from people involved, but its act may infringe on the people's basic rights. Therefore, when conducting an administrative inspection, the administrative agency should follow the due process of law in addition to the principles of administrative law such as the principle of administration according to law, the principle of proportionality and the principle of clarity, in order to ensure protection of the basic rights of the people involved. Inspections conducted by an administrative agency and by a judicial agency are similar in appearance, but the degree of infringement on the rights and interests of the people involved is quite different, and it is questionable whether in the investigation process the evidence principles, such as prerogative writs and the right against self-incrimination, are also applicable to administrative inspections. Chapter One of this paper presents an introduction to the topic. Chapter Two introduces the concept, classification and qualitative attributes of administrative inspection. Chapter Three discusses the principle of administrative law and due process of law which should be followed in an administrative inspection, as well as the types of fundamental rights that may be infringed upon in an administrative inspection. Chapter Four presents a discussion of whether the rule of evidence in the criminal investigation process is applicable to an administrative inspection process, and what steps should be followed when an administrative inspection process is converted into a criminal investigation process. In Chapter Five the preceding discussion is used to assess a court’s decision regarding the compliance of an administrative agency with the due process of law or the administrative law. Finally, conclusions and suggestions are put forward in Chapter Six. Keywords: administrative inspection, the principle of administrative law, due process of law, infringement of basic rights, the principle of authoritative investigation, obligation of the party involved to cooperate, the rule of exclusion of evidence, prerogative writs, the right against self-incrimination, conversion of administrative process