Theory Of Designated Home Residential Surveillance System Of China

In 2012 the "Criminal Procedure Law" to a large range of revision of residential surveillance,to distinguish it from the applicable conditions and scope of the bail,define it as the custody of complusorymeasures,particularity given the specified given the specified residence independent value to residential surveillance.In 2012 the newly revised "criminal procedural law" article 73 add the specified location applicable condition of residential surveillance system,the judicial interpretation issued by the corresponding to specified residence residential surveillance also made a series of regulations.Although showed the progress of the rule of law in the legislative level,but in the judicial practice and theoretical studies of specified residence "specified" term appeared controversy,about whether or not designated home residential surveillance become another new custody in disguised forms,and violation of human rights?In the criminal procedure law of 1979,this article sets out to monitor the residence in the criminal procedure law in 1979,but has not specified the rules and lacks the operability.In 1996,the criminal procedure law on the basis of the criminal procedure law in 1979 added conditions and scope of residential surveillance,but similar to obtain a guarantor pending trial,and there is no obvious distinction,therefore,the criminal procedure law in 2012 for residential surveillance,formulate detailed rules,especially on the properties and applicable conditions specified residence residential surveillance make provision,it is undoubtedly a big step forward legislation;To explain the concept of residential surveillance,to distinguish the legal application and implementation conditions of residential surveillance,to express the legal value and significance of the system.However,modify the criminal procedure law stipulated in article 73 of the specified residential surveillance of no fixed abode,"suspected of endangering national security crime and terrorism crime,especially significant place in bribery crime may inhibit the investigation of" law of fuzzy words,such as judicial interpretation and the corresponding laws and regulations also no clear rules,not controversial,is becoming the new disguised detention;Comparing the similar concepts outside of practice,and puts forward our country designated home residential surveillance and the rationality of the existence situation of defects in legislative level and judicial level,legislation is not careful,the judicial staff ability is uneven,are most likely caused by new practice problems specified residence residential surveillance;Finally,comparing the defects of oneself,drawing on the excellent experience,combining with its own characteristics,perfect the designated residence surveillance and living system.