A Study On The Value Return Of Chinese Residential Surveillance System

Residential surveillance is a criminal litigation system with distinct Chinese characteristics.As one of the compulsory measures of criminal procedures in China,residential surveillance has been criticized since the establishment of China's judicial system.Therefore,in the process of amending the Criminal Procedure Law in 2012,residential surveillance has been incorporated into the Criminal Procedure Amendment Act and the focus of the Coercive Measures section has been amended.After the revision of the Code of Criminal Procedure in 2012,the surveillance system has not only significantly increased the number of legal provisions involved,but also has undergone a comprehensive revision in terms of substance and procedural measures,in particular the provision of designated residence.In the past four years since the implementation of the current Code of Criminal Procedure,due to the ambiguity of the regulations on the implementation of supporting measures in the surveillance of the residential system,the application of monitoring residential system,especially the designated residence,is unsatisfactory.There still exists problems of poor enforcement or misuse in judicial practice which leads to the failure in meeting the pre-trial detention rate,preventing false custody or reaping other legislatures expected results.This article intends to elaborate on the following five issues including monitoring the connotation and value of the residency system in our country,inspecting the relevant system of the foreign criminal action,discussing the status and problems of the surveillance of the residential system in our country,analyzing the causes of the surveillance of the residential system and making suggestions on perfecting the residential supervision system in China.This paper is divided into five parts.The first part is on the content and role of residential surveillance,analyzing its nature and value;the second part observes the compulsory measures of criminal litigation systems in foreign countries,where the paper introduces the British and American legal system of bail system,stipulation of delayed arrest and judicial supervisions in civil law system,house arrest in Russia and the bail system in Japan,focused on the comparison of the coercive measures system in foreign countries.The third part depicts the status quo of China's residential surveillance system,reviewing the progress and value deviation of the system in China.The fourth part is analyzing the causes of value deviation of residential surveillance system in China.The fifth part is recommendations on how to facilitate the value return of Chinese residential surveillance system.In order to solve the problems in the legislation and practice,the author puts forward some concrete suggestions on how to monitor the residential coercive measures,elaborating on the provisions of supporting measures,the legal supervision mechanism,relief measures,the effectiveness of such aspects of the implementation.The final part is the summary of the paper.