Consummation On The System Of Residential Surveillance

Residential surveillance is a system to restrict the suspect or defendant tostay at home or specific place and keep watch on the suspect or defendantby the public security, procuratorate and court. From the legislative level,it’s a positive measure to make sure the legal proceedings in normalprocess and it can reduce the risk of society. However the imposition ofcriminal compulsory measures to residential surveillance system will behighly controversial. Residential surveillance system in the implementationprocess results in the implementation of the difficult problem, which led toacademia and the practice of residential surveillance system design itselfgenerating a lot of controversy. In order to probe into the origin of theresidential surveillance measures problems, better play residentialsurveillance function, ensure that the activities of criminal proceedingsproceed smoothly, it is necessary to explore the residential surveillancesystem, and be perfect, it better to play a role. China is in crucial period forbuilding the rule of law, reform of compulsory measures are an importantpart of the rule, but under surveillance is the key rule of law reform, adirect relationship to the suspect, the legal rights of defendant. Because thelegislation applies to objects on the monitor housing and bail is notexplicitly defined, resulting in the abuse of judicial practice, the error isrelatively common for residential surveillance system, the lower quality ofjudicial personnel, the impact of the economic interests of residential surveillance, and so on. This mechanism’s establishment isn’t merely thecertain trend of every country criminal action institution reform, but also isthe basic request of the UN criminal justice criterion. At the same time, it’snot only the most important part of the Code of Criminal Procedure, butalso it’s a full demonstration of respect and guarantee human rights.Argument structure of this paper can be summarized as follows: the firstparagraph is about the practice analysis of residential surveillance to raise aquestion about how to make the law well-established. The second part ismainly residential surveillance system, talking about the existing problemsare the following: the uneven application of the practice, means ofimplementation in practice is not uniform, including the place execution,enforcement officers, the implementation of content and degree ofimplementation of four inconsistency; practice compensation because theydo not belong to the state the scope and modalities for the implementationof its specific cause abuse; lack of effective means of relief. In this part, wediscuss the value of the residential surveillance and the Code of CriminalProcedure. In the third part, we hope to improve the residential surveillancethrough extraterritorial examination of related systems on the basis of theanalysis and research on the present situation and problems of theresidential surveillance. For these reasons for the problems, this partanalyzes from such respects as concept and theory, system and legislation. To solve these problems above, some alternative methods and ideas forspecific measurement were suggested to make sure double effect ofprotection of human rights.