Study On The Functional Alienation And Correction Of The Surveillance System

In the Criminal Procedure of 2012,the system of supervision of residence is not only separate from the bail pending trial,but also distinguishes the domicile surveillance residence and designated surveillance residence,which are alternative measures to be placed as arrests.Through the revision of the law,it can be found that the monitoring of residence in the new "Criminal Procedure Law" has been given a new function of improving the application rate of residential surveillance,reducing the undetermined detention rate of our country and restraining the custody of residential detention.The empirical data shows that the function of the system of supervision of residence has not reached the expected effect of the law,and has even appeared alienation in some aspects.On the one hand,the implementation of the new "Criminal Procedure Law" has not significantly improved the application rate of residential surveillance.By this impact,the surveillance of residence in reducing the undetermined rate of detention in our country is also very weak.On the other hand,there is a tendency of alienation in the judicial practice of designated residence surveillance,which not only dissimilates into the prepositional procedure of detention,but also dissimilates itself into a kind of "quasi detain" measures.From the perspective of neo-institutionalism,it is found that in the practical operation of the system of supervision of residence,in addition to overemphasizing the dependence on a single regulatory basic element,there are also different degrees of loss and deviations on the normative basic elements and culture-cognitive basic elements.Therefore,the perfection of the system of supervision of residence should be based on the legislative logic of regulatory elements,strengthening the role of the normative basic elements and the culture-cognitive basic elements,so that the three basic elements can be combined with each other to form a resultant force and then correct the function of the system of supervision of residence.In addition to the introduction and conclusion,this article is divided into five parts:The first part mainly introduces the relevant laws,regulations,and judicial interpretations of China's surveillance of the residential system.Based on the collation and summary of the text,it points out that in addition to the common features of the compulsory measures,the surveillance of living also has its expansion function.The second part mainly introduces the empirical investigation methods of the data obtained in this paper from three aspects.Specifically,it introduces the implementation evaluation indicators for the construction of surveillance residence,explains how to extract the relevant data,and describes the extracted data in a simple way.With the show.The third part made a further interpretation of the data.Through the interpretation of the data,it was found that the monitoring lived in practice and that the development of its extended function showed a certain degree of alienation.This alienation was not only reflected in the lack of power in the function,but also Some of the features have deviated from the reserved track at the residence monitored by the designated residence.The fourth part analyzes the institutional causes of the alienation of the surveillance residence system in practice through the regulatory elements,normative elements,and cultural-cognitive elements of the system.The fifth part mainly combines the causes of dissimilation above to put forward specific steps to monitor dissimilation in the practice of living,and tries to rectify the forces of the three elements by rationalizing the logic of legislation,reshaping values,and building a litigation environment.Monitor the alienation of the housing system.