| Inthe amendment of the criminal procedure law in 2012,the legislator added specific rules and procedures of "designated residence" in the criminal procedure law.As a subordinate concept and implementation supplement of general residential surveillance,it has been gradually recognized by the society after nearly 7 years of judicial practice.The latest revision of the criminal procedure law in 2018 to make the public security organ to inherit the decision and enforcement of the system,this is from a certain extent,to specify the residence residential surveillance as a kind of compulsory measures by lawmakers,recognized by the public security organ of the reality,but in practice,due to the different departments,different departments and personnel to the provision of understanding deviation,the interests of the litigation imbalance,the imperfection of legislation level,lead to often appear during the implementation of decisions and infringement of personal rights and interests,and difficult to achieve benefits.Based on the above background,the author,starting from the research status of the specified residence residential surveillance legislation process,the applicable conditions,characteristics of properties,function orientation is described,through the comparison based on the experience of the foreign similar enforcement measures,the author engaged in legal practice experience of the audit work in public security organs,the list of designated home residential surveillance using measures of applicable rate is low,choice of suitable conditions is given priority to with "no fixed residence",the actual execution time is not long,specify the location of the fixed,the status quo between the judicial organs shall be applicable to the continuous,according to the applicable status in the system are analyzed in the process of apply existing problems,including:The problems include the lack of effective supervision over the investigation and custody measures,the decision of measures and the implementation process,the expanded interpretation of the applicable conditions of "no fixed residence",the arbitrary interpretation of "obstructing the investigation",the unclear provisions on the deadline for the connection and transfer of execution,and the malposition of the subject of execution.To present situation and the problem as the breakthrough point,analysis the problems in the practical operation causes,put forward to reconstruct the system of running mode,clear legal requirement,optimize supervision methods,methods of improving relief way,in order to better to reposition of designated home residential surveillance,play its application effectiveness as a compulsory measure,safeguard the lawful rights and interests of the object being to take measures. |
