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在我国相关法律规定中,行政调查被作为两种概念在使用,一是指行政调查方式,一是指行政调查活动。行政调查应当是指以查明事实为目的的全部调查活动过程,其本身不具有行政行为的独立法律意义,而行政调查方式是实现调查活动的手段或措施,须以法律规范明确授权为限,且可能独立表现为具体行政行为。应当区分依职权与依申请两种不同程序模式下行政调查的程序规制,并对行政相对人及利害关系人与被调查人的法律地位予以区别。
In the relevant laws and regulations of our country, administrative investigation is used as two concepts, one refers to the way of administrative investigation, and one refers to administrative investigation activities. Administrative investigation should refer to the process of investigating all the activities for the purpose of ascertaining facts, which in itself does not have the independent legal significance of administrative acts. However, the means of administrative investigation is a measure or measure for carrying out investigation activities and must be limited to those authorized by law, And may appear independently as a specific administrative act. The procedural regulation of administrative investigation under the two different procedural modes of ex officio and application should be distinguished and the legal status of the administrative counterparts and interested parties and the investigated individuals should be distinguished.