||To achieve the administrative goal need base on the fact to make the right administrative decision, the administrative organizations need gather some information to confirm the authenticity of the fact. The administrative inspection is the act to gather information for the administrative organizations, includes control the current situation to find the fact, and executing inquiring and inspecting to the party, the place, and the thing according to law. If administrative inspection influence the right or the freedom of the people, it need entrust the opportunity to remedy bases on the authority of the law to achieve the rule of law stand on Gesetaesvorbehalt.|
The inner administrative inspection is a necessary mechanism for administrative organizations to achieve direct and supervise and inner control etc. Moreover, it is the necessary act to achieve correcting conduct and discipline. But the inner administrative inspection always is executed by a chief`s order basing on the theory of special authority relationships, it triggers a doubt if the act lacking of the authority of the law is violating the human rights. The inspection of government ethics is also a type of the achieve administrative inner inspections. To ensure the administrative inner personnel to obey law and executing any authority of office is legal, the inspection of government ethics is a necessary act to inspect the executing public power of government functionary and gather information, and to keep principle.
Right now, Congress has enacted the Administrative law, the Administrative Punishment Law, and the Administrative Procedure Law. Those regulations provide people the protection of fundamental rights. However, there is no general rule to govern the inspection of government ethics. Relating rules are provided in individual rules, and enacted for practical necessary. The Adaptability of the laws had questioned extremely, for example, executing the inspection of government ethics still lacks general rule and legal ground such as the law governing the government employee `s power etc . If hard really to build the administrative investigation law, it’s still necessary to review thoroughly all individual rules relative to the inspection of government ethics to understand whether these rules are complete, violating the principle of constitutional requirement of a specific enactment, geltungsvorrang, giving a due process of law and remedies for a counterpart offeree etc.