An Investigation Report About The Application Of The Residential Confinement In A City

The problem of the application of The Residential Confinement in China’s theory and judicial practice has been a hot issue since 2012.In the application,the problems such as unclear conditions and improper operation may lead to arbitrary application of human rights violations.The author hope from on-the-spot investigation found problems that exist in The Residential Confinement shall be applicable to the residential surveillance,and seek to solve the problem,improve the applicable countermeasures,to provide some Suggestions for The Residential Confinement.This paper is divided into three parts,in addition to the Introduction and Conclusion,.The first part is about the survey data and analysis of the application of The Residential Confinement in A city of H province,which is the basis of this paper.Without data collection and collation,it is impossible to find pertinent questions or propose relevant Suggestions.The author first interviewed the investigators on the spot and interviewed the investigators of the A City Office of H Province,supplemented with questionnaires,and learned the practical situation of the application of The Residential Confinement from the handling experience of the investigators.Secondly,through data search,case collection and online questionnaires,the author also conducted statistics and analysis on the proportion of The Residential Confinement by designated residences,the type of application,the designated residence,the designated time,the implementation method,and the supervision.The second part,based on the data analysis results of the previous part,summarizes the problems existing in the application of The Residential Confinement,which is the transitional paragraph of the article.Based on the analysis of the survey data,the author finds that the problems in the application of The Residential Confinement can be summarized as applicable Conditions,Operation and Supervision.First of all,the application conditions are not clear,mainly including the definition of “Fixed dwellings”,“Particularly significant bribery crimes”,and “Impede investigation”,which easily leads to arbitrary application.Secondly,in the specific operation,"Designated residence" is the prerequisite for the application of the system,and there are some problems in the practice of the specification and operation of "designated residence".In the execution of The Residential Confinement,the implementation of the main body was reversed,the execution method was not in line with the principle of proportionality,and the issue of cost was more prominent.At the same time,the high cost is also the realistic dilemma facing the application.In the end,Supervision is a supplement to the system that regulates the implementation of The Residential Confinement.However,in practice,Supervision also has problems,which are mainly manifested in the fact that supervision information sources are passive,formal supervision features are obvious,and rights remedy mechanisms are not perfect.In the third part,based on the survey data analysis of the first part,the author puts forward corresponding Suggestions for improvement on the problems found in the second part.Firstly,it is suggested to perfect the relevant legislation and clarify the applicable conditions for the problems with unclear application conditions.Secondly,according to the problems existing in the operation,it is recommended to strictly regulate and apply the "Designated residence",and put forward Suggestions on the implementation subject,execution mode and cost.In the end,the author puts forward some Suggestions on how to obtain the information,to supervise the formalization,and to clarify the relief channels.