Research On The Mode Of Examination And Approval Of Technical Investigation In China

As a secret investigation in our country,the investigation of technology is in the judicial practice of our country for a long time.However,because the public knows little about it,and the investigation department is in a strong position for a long time in our judicial practice.Many scholars do not understand its approval mode,that it should not be approved by the Department of investigation and implementation,should be modeled in Europe and the United States,after the first review by the court,and then the implementation of the investigation department.But the same as the common law of the United Kingdom,has taken the administrative warrant examination and approval mode,and the same as the common law system of the United States of America's approval system is diametrically opposed,but compared with China's current approval model is similar.The author believes that China's current Approval Mode and similar to the UK,is a can make the right of investigation and citizen privacy rights in a relatively balanced state approval mode,but in the form of easy to make people suspicious,such as supervision mechanism in the law does not expressly provide that the examination standard is in principle,such as in the future legislation can be further improved,is bound to become more advanced,able to meet the real needs,can a satisfactory Approval Mode for the community.In order to fully compare the pros and cons of the two modes of approval,to provide theoretical and practical support for the current model of China's technology review and approval,and to improve the relevant legislation suggestions.Based on the current administrative approval,to the British writ model as the foundation,combined with practical experience,through between Britain and the United States,Germany,Italy relevant data and facts,the theoretical basis,a comprehensive comparison of two kinds of model approval approval form,on the efficiency of investigation and protection of human rights capacity practical advantages and disadvantages.From the point of view of the efficiency and the rights of the individual to maintain dynamic balance of the two point of view,combined with China's national conditions,the traditional method and the current technical investigation work experience,demonstrates the legitimacy and rationality of model approval.From the theoretical point of view,it is a kind of examination and approval mode which can make the public power and private power reach a better dynamic balance.Finally,the dialectical absorption and reference,draw on the advantages of judicial writ approval mode,the system and the British executive approval model would like to support the establishment of the current judicial practice,approval mode at the same time,the corresponding power constraints,the relevant matters andreport,examination system,to improve the legislation of technical investigation in our country suggestions.