On The Construction Of Judicial Review System Of Technical Investigation In China

At present,the operation of the examination and approval system of technical investigation in our country is closed,which leads to many problems in practice,such as the lack of supervision and restriction in the examination and approval process of technical investigation,the non-standard procedure,the unclear examination and approval contents,etc.The existence of these problems can easily lead to the misuse of technical investigation.In order to solve these problems better,the author puts forward that the judicial review system of China's technical investigation should be established by the judge with neutrality and independent value as the subject of supervising and restricting the power of technical investigation.In order to find out how to construct the system,the author studies the design of the judicial review system of technical investigation in the field of reference,and through the comparative study,understands the gap between our country and other countries ruled by law on the legal regulation of technical investigation.Learn from foreign advanced legislative experience and excellent results.On this basis,this paper has carried on the bold design to the construction of the judicial review system of the technical investigation in our country.By analyzing the necessity and feasibility of constructing the judicial review of technical investigation in our country,not only the countermeasures made by the procedure of technical investigation on the protection of human rights are solved,but also the reconstruction of the relationship between the examination and approval of technical investigation is of guiding significance.According to the analysis of necessity and feasibility,we can confirm that the principle of law,the principle of necessity and the principle of judicial writ are applicable to the judicial review of technical investigation.It is precisely because these principles are to be followed that in the design of the judicial review system,emphasis is placed on determining the main body of the application,the subject of the examination,the content of the examination,the procedure,and so on.At the same time,a series of supporting measures are designed to ensure the correct operation of judicial review.All right.This research is aimed at legalizing the examination and approval system of technical investigation,and at the same time,helps to enhance the efficiency of human rights protection.