Study On The Application Of Residential Surveillance

On January 1,2013 formally implemented revised the criminal procedure law of the People's Republic of China(hereinafter referred to as "new" points ")a lot of changes have been made on the criminal compulsory measures,the most significant is to establish a designated home residential surveillance system.It has changed the status of surveillance in the system of coercive measures,and has become a coercive measure to replace detention to reduce the rate of detention.This change has not only become the focus of academic and practical circles,but also caused wide discussion among people from all walks of life.Terms of some legal experts have proposed public criticism,said designated home residential surveillance compulsory measures can easily lead to covert detention,torture,and to guarantee human rights of criminal suspects is hard to get,also believe that this is "detained" curve into the law,is the reverse of the law.However,people in the field have generally welcomed the provision,saying it helps to detect three types of special crimes,especially cases of significant bribery.Designated home residential surveillance system in the law have been more detailed provisions,such as the applicable scope,the execution place and sentence,etc.,as the term but can also see from judicial practice over the years,it still has many flaws and loopholes,this to the enforcement authorities has brought about many difficulties and operation problem,there have been some legal experts worry about.In view of this,this article has been built in our country based on specified residence residential surveillance system in legislation,points out its existing problems,and in the process of apply and problem oriented,and put forward a perfect suggestion,hope to further improve the system,to play it should play a role.