Study On The Application Of Electronic Monitoring To Criminal Compulsory Measures

All the time,the ratio of pretrial detention of our country has been keeping high,and the problem of extended detention and covert detention has been being serious.These are very incompatible with a principle of criminal justice,innocence presumption principle and going against the construction of the country under the rule of law.The Criminal Procedure Law of the People’s Republic of China newly revised in 2012 readjusted and improved the substitutive measure for pretrial detention a lot.And thereafter,the ratio of pretrial detention did get down,but,generally,the ratio of pretrial detention of our country has been being still high because the covert detention of the specifiedly residential surveillance regulated by that law substitutes for arrest in reality,and bail pending trial is not perfect and so on.In order to solve the problem,the original system should be improved continuously,and meantime,a new path should be explored positively.While,electronic monitoring is an important measure applied by other countries when they solve the same problem.The reason is that electronic monitoring,this technique,can help to lower litigation risk,and help judicial organs find a relatively dynamic balance between crackdown of offence and protection of civil rights to a better extent by its updating technical advantages.So,we should learn it adequately.However,electronic monitoring is not perfect,and it also has deficiencies,to which we should pay much attention and which we should try to improve.This dissertation consists of four parts:The first part generally introduces western electronic monitoring from the perspective of its definition,history,and development reason,and its technical principle,and this part also mentions its development in China.The second part expounds the necessities of the application of electronic monitoring to criminal compulsory measures of our country from the perspective of the theoretic requisition of innocence presumption principle and the practical need of the status quo of the application of criminal compulsory measures of our country.The third part expounds the advantages of electronic monitoring,and also analyses its legal risks from the perspective of privacy offence,criminal net widening,tagging effect,inequity,surveillance effect,and the differentiation between the way of surveillance with electronic monitoring and the measure of investigation with electronic monitoring,and meantime this part provides some solutions accordingly.The fourth part,based on the theoretic analysis of electronic monitoring above and the status quo of China’s legal system,meantime,learning from foreign experience of legal system,discusses specific ways of the application of electronic monitoring to criminal compulsory measures of our country...