Research On Designated Residential Surveillance System

The rationality of criminal compulsory measures is not only related to thelegitimate rights and interests of citizens protection degree, more related to thesuccess or failure of judicial reform and the construction of rule of law, China’scurrent criminal compulsory measures mainly include six kinds, which refers to theresidential surveillance system settled than the other five kinds of criminalcompulsory measures with the social utility and the unique legal value, especially thespecified home monitoring living system for the protection of the criminal’scontinuity, safeguard the legitimate rights and interests of the suspect and theanti-corruption anti-terrorism all has the important practical benefits. Therefore, thetheoretical circle and judicial practice worker of our country in long-term researchand judicial practice work has always to continue to improve the designated homeresidential surveillance system to give more attention and thinking.On the basis of the new "criminal procedural law" implemented in January1,2013shows that the designated home residential surveillance system has beenmodified more detailed and perfect, perfect for example the scope of application, thecontents of the notice of new family obligations and offsetting a prison term andmany other aspects of both legal system and the protection of human rights provides amore powerful support, but which still there are some flaws and gaps, also to thejudicial practice work to bring many difficult dilemma and the operation of the cruxof the problem, and even some researchers pointed out that the problem ofcontradiction, some worrying, therefore, the new "criminal procedural law" specificprovisions about the specified home residential surveillance system has become thefocus problem in theory circle and judicial practice circle. Based on this, this paperthinks for a specified home monitoring of current our country living system deeplyeffective study analysis, are an indispensable practical benefits for the rule of lawdegree to enhance the credibility of the judiciary and the national society. Residential surveillance system in this paper, in view of the current our countryspecified dwelling content more detailed discusses the framework of analysis, thispaper roughly consists of four parts, the first part mainly in the introduction part forspecified residence residential surveillance system research background, significance,and further elaborated the research status at home and abroad; The second part mainlyis a more detailed account of the designated home residential surveillance systemhistorical evolution, specific meaning and residence type residential surveillancesystem, to obtain a guarantor pending trial system and double refers to, detained theconcrete difference between compulsory measures; The third part mainly is specifiedin the new "criminal procedural law" about home residential surveillance system onthe basis of the specific provisions, in view of the current our country related legalprovisions about designated home residential surveillance system and legislativedefects and problems existing in the judicial practice the crux of the enumerated typeresolution; The fourth part is mainly on the basis of the above analysis to thedesignated home residential surveillance system in our country put forward someconcrete Suggestions, and hope that through more in-depth discussion of legalresearchers continue to standardize the perfect our country designated homeresidential surveillance systemIn this paper, the possibility of innovation is based on the above concept to startwriting framework, and hopes to designated home residential surveillance system,law interpretation and comparison under the path of judicial practice, and analyzedhow should constantly plentiful to optimize the current framework of designatedhome residential surveillance system in China. The deficiency of this article is areflection of the related law and many judicial interpretation depth still needs tostrengthen, and the Suggestions to still need to the judicial practice of inspection andcorrection.