Perfection Of Assigned Residence Residential Surveillance System

The early criminal procedure law has already made certain provisions on designated home residential surveillance system. The modification this time Focus on the pinnacle of coercive measures even rebuild the system basically. In view of the residential surveillance system, its entry expanded to seven, mainly includes the conditions of the residential surveillance, the place, the procuratorial organs supervise and so on. And it contained almost all other than the residential surveillance deadline which means a huge procedural progress. While the specific apply, however, is not like that in the beginning of perfecting the system expected, there is a big problem in the designated home related aspects of residential surveillance system in practice. In view of this kind of pressure, decision authorities, to some extent, are more willing to refer to obtain a guarantor pending trial or residential surveillance instead of specified dwelling which we have to ponder how to better improve the system of designated home residential surveillance and rich designated home residential surveillance program in order to solve this problem.This article mainly covers four parts. The first part focused on the designated home residential surveillance nature and position in the whole legal system. The second part focuses on the introduction of Russia, Germany, Italy and other countries similar designated residence comparison of residential surveillance system. On the one hand, it can devote to China designated residence peculiar properties of residential surveillance system, on the other hand, we can draw lessons from other countries from the perspective of human rights to better protect the rights of criminal suspects and defendants. The third part of this paper focuses on exploring applicable status quo and the reasons from the system. Executed risk increases in the judicial practice, thus the difficulty is increased. The reason is mainly focused on that the nature of designated home residential surveillance positioning is not clear, specifically the residence of "home" residential surveillance "three kinds of case scope of" "deadline" is not clear and law enforcement agencies in the execution of human input is too large, at the same time, material and financial resources to the designated place to residential surveillance people lack of right relief, etc. The fourth part is involved in view of the above problems, put forward reasonable conception, which has four aspects including the legislation to the definition of related concepts, improving the execution phase of measures, perfecting the procuratorial supervision procedure and building designated residence residential surveillance mechanism of personal right remedy. Every part is certain to examine and define the discovered in the practice of applied problems in order to put forward the perfect practical measures to ensure new points of carrying out the new spirit is really suitable.