The Study On The Designated Residential Surveillance System

Our country’s system of monitoring the new democratic revolution in the new democratic revolution period has emerged, when the establishment of the system is to ease the relative shortage of staff and places of detention.79 years of the implementation of the "Criminal Procedure Law" in the implementation of the provisions of the housing system, but no specific implementation details, the lack of operability. Although 96 years of the "Criminal Procedure Law" in the 1979 "Criminal Procedure Law" based on the increase the applicable conditions of surveillance of residence, shall comply with the obligations and violation of residential surveillance obligation consequences, but its applicable conditions and scope of the bail is almost the same, use cost is relatively high, so in practice for rate is very low. In 2012 the "Criminal Procedure Law" to modify the provisions on compulsory measures and residential surveillance system changes the magnitude of the maximum, lawmakers will be defined as an alternative measure of arrest of non custodial coercive measures, separate the applicable conditions and scope of the bail, and the points for home surveillance residence and designated residential monitoring, surveillance with designated residence is independent of the value.But the revised "Criminal Procedure Law" after the implementation of the seventy-third provisions, triggering a lot of discussion. The provision provides for the implementation of the "residential surveillance shall be carried out in the residence of the suspect, the defendant’s residence; the non permanent residence, which may be executed at the designated place of residence. For the alleged harm national security crime, crime of terrorist activities, particularly great bribery crime, in place execution may impede the investigation, approved by a people’s Procuratorate or a public security organ can also be performed at the specified place. However, it is not allowed to specify the place of detention, the special place of handling the case." Through the analysis of the legal provisions can be seen, the specified residence and residence in the scope of the application of the monitoring and residence in the scope of application, place, approval procedures and other aspects are very different, the revised "Criminal Procedure Law" at the same time made "should notify the family", "the right to hire a lawyer to defend", "break the sentence" and other provisions. However, many legal professionals are still raised, the designated residence measures and the current reduction in the use of custody of the law of the spirit of the law, the use of improper is likely to cause a disguised detention, violations of human rights. It can be seen that the application prospect of the legal profession to the designated residence monitoring system is very worried. From the point of view of judicial practice, the specified monitor homes living in the application process there are many problems and flaws, the main reason is because the system of legislation is not careful, operability is not strong, the authorities handling the case of law enforcement level varies greatly, there is not applicable and not applicable phenomenon. Therefore, at this stage, it is of great significance for the perfection of legislation and regulation of the system to study the residence system.In this paper, based on the comparison of domestic and foreign research results, combined with judicial practice, put forward the problem of designated residence system to monitor the residence system, and gives suggestions for the problem, hoping to make the designated residence system in practice play a greater role in practice. This paper presented the legislative background of designated home residential surveillance system and legislation value, pointed out that the system is under the background of "respect and safeguard human rights", put forward by the residential surveillance system can be more scientific, beneficial to solve the problems in the judicial practice, and is conducive to the protection of human rights, therefore have the value of independent existence, after residential surveillance by specifying a dwelling law, comparison with other compulsory measures, and points out the specific features of the system to the designated place of residential surveillance system, makes a more comprehensive understanding of the system, on this basis, the author summarizes the system started after the applicable scope is too broad in the legislative level, the law is vague, and in the judicial level of risk of improper interrogation, problems such as unclear legal supervision procedure, finally according to the second part puts forward the problem, put forward the detailed terms of law, abolishing the out, the strict legal category of "dwelling" legislative Suggestions and control, strengthening the supervision to prevent safety accident cases, using time, strict working discipline, such as legal advice, and advice further strengthen the supervision of the designated residence system of legal supervision, will be used to specify the place of residence to monitor the inclusion of the scope of national compensation for the improvement of the proposed.