On the Proper Application of Administration Openness Principle in Administrative Investigation

The openness is the basic requirement for administrative procedures.As a necessary procedure of administrative action,administrative investigation must comply with the requirements of the administrative openness principle.However,the principle is not absolute.In order to assure the enforcement of law,to achieve a balance of interests and realize administrative goals,the principle of openness can be limited reasonably in the administrative investigation.Non-open investigation's existence should be allowed.Of course,a non-open administrative investigation can be accepted only if it meets the qualifications that having legitimate purpose and being efficient on substance,having no alternative way and making the rights be compensated on procedure.At the same time,there is a big risk that non-open investigation could be abused by the administrative subject,it must be kept under strict surveillance to prevent its undue infringement to administrative counterparts.