The System Analysis of British Investigatory Powers Tribunal and Its Reference and Enlightenment to China
The investigatory powers tribunal in the Great Britain is an important judicial institution to pro-vide redress to the victims of unlawful covert investigation.Through the research on the composition and struc-ture of the British Investigatory Powers Tribunal(BIPT),the trial procedure,and the remedy of the ruling,it is found that the establishment and operation of the institution not only realized the supervision and restriction of public power,but also realized the protection of citizens'legal rights.It is recommended that China draw lessons from Britain experience and implement the principle"no right without relief"into the field of covert investiga-tion.Taking into consideration our national conditions,it is necessary to conform to the development trend of specialization of judicial organs in our country,and establish special courts or special tribunals for covert investi-gation on the basis of learning from BIPT.This constitutes the long-term and medium-term goal of reform.Under the current circumstances,the quickest way is to amend The Administrative Procedure Law and The State Compensation Law to allow the parties who have been harmed by illegal covert investigation to file administrative lawsuits and obtain compensation.
British Investigatory Powers Tribunal(BIPT)covert investigationspecialized justicead-ministrative litigationstate compensation
万方数据
维普
