Study On Residence System

Surveillance of Residence is a criminal coercive measure with Chinesecharacteristics.In2012modification of Criminal Procedure Law,surveillance ofresidence in the designated site is retained under the controversial background, andmade more detailed provisions in application object, application condition,the rights andobligations of people being monitored,execution,supervision and so on,which make ithas independence space in criminal coercive measures.Surveillance of residence isrepositioned as quasi-custody coercive measure in new Criminal Procedure Law,inorder to reduce the applicable rate of custodial coercive measures,which make up thegap between remand on bail and arrest.And the criminal coercive measure system ismore complete,more operational, and better reflect the legislative intend of controllingcrime,protection of human rights,and protection litigation activities carried outsmoothly.Before the amendment of2012Criminal Procedure Law,residential surveillancesystem appeared the dilemma of which have ready just in case and become disguisedform of detention.The new Criminal Procedure Law,and its judicialinterpretation,implementation rules make greater improvement of residentialsurveillance system.But the designated residential surveillance is too principle,abstractand blurred in the choice of designated site,executor,conversion to arrest,supervisionand relief,which is difficult to operate in practice.So the application prospect andimplementation effect in practice,which needs further observation and improvement.The new Criminal Procedure Law implemented more than a year,I do not proposeto modify the law again,but make further improvement from legal interpretation andjudicial practice.The paper attempts to comment the location and provision ofdesignated residential surveillance,to analyze the system deficiencies and problems inpractice,and to do further improvement from the choice of designated site,conversion toarrest,supervision mechanisms and remedies.In order to realize the value of designatedresidential surveillance,and reflect the legislative intent and the spirit of the legislationof controlling crime,protection of human rights,and protection criminal activities carriedout smoothly.