Designated Home Residential Surveillance Empirical Research

Legal provisions on the designated home residential surveillance measures first appeared in the 1996 version of the criminal procedural law, the law stipulated in article 57 under residential surveillance of the criminal suspect or defendant shall not leave the house without permission. During this period, the specified residence residential surveillance of residential surveillance measures is only a supplement. After the criminal procedure law in 2012, residential surveillance application condition independence from a guarantor pending trial, applicable condition, applicable to a given residence residential surveillance program has a clear legal provisions. The overhaul of residential surveillance system, has caused a heated discussion in the society, some scholars think that this is non custody coercive measures in criminal procedure in China added sound, some scholars think it easy to create the name of the prison reality and judicial application effect, residential surveillance system of "deposit" scrap intensified. Residential surveillance system from lawmakers to specify dwelling function orientation, designated home residential surveillance measures as a restriction of personal freedom that is not mandatory detention measures, it has other compulsory measures that the function and value. In fighting crime and protecting human rights, to build a "buffer zone", in the middle of the in the guarantee law to punish the crime at the same time, to a certain extent protected the legal rights of criminal suspects. In this paper, starting from the perspective of crime investigation, based on the criminal procedure law,the people’s procuratorate criminal procedure rules(trial), "the program rules for the criminal cases handled by the public security organs" and other laws and regulations, combined with guizhou anshun city prosecutors from 2011 to 2013, during the investigation specified crime cases apply residence residential surveillance measures, the basic situation of the residential surveillance system is divided into four parts to specify dwelling in the procuratorial organs in the process of investigation crimes applicable situation and the analysis of existing problems, and puts forward the necessity to improve the system of designated home residential surveillance and suggestion.The first part of the article from anshun city procuratorial organs investigation in 2011-2013 basic situation of duty crime and the suitable situation of residential surveillance measures specified dwelling, and extends the specified residence residential surveillance measures are put forward in the procuratorial organs investigation in criminal investigation practice is facing some problems of obvious and hidden problems: narrow range of applicable cases and the applicable rate is low, the executive main body dislocation and alienation as the disguised detention, execution object vacancy right remedy measures and implement supervision and restriction mechanism is not sound, etc; The second part, based on the applicable specified residence residential surveillance measures in the current judicial practice faces many problems, from the law, the judicial practice and the law enforcement environment and so on in-depth analysis the reasons for these problems; The third part from the specified temporary residential surveillance measures for investigation of criminal cases has unique functions and advantages, analysis the necessity of perfecting the specified in the residential surveillance measures; The fourth part from the perfect legislation, builds the related relief system, supervision system, tort liability system and a series of supporting system, improves the system of designated home residential surveillance. In law, the relevant provisions of the law academic research achievements of predecessors, practice, on the basis of research results, combining with practice of the procuratorial organs investigation department at the grassroots level work experience to the designated home residential surveillance system problems involved put forward their own humble opinion.