Study On The Supervision Mechanism Of Residential Surveillance

The surveillance mechanism of residential is a series of technical means and measures that are adopted to guarantee the implement effect of surveillance mechanism by the judicial authorities during the executing of residential surveillance.These kinds of means and measures should be based on the spirit of presumption of innocence,for the unique purpose of guaranteeing lawsuit to go smoothly and on the principle of excluding the punishment and improper intervention on the ordinary life of people who are under surveillance beyond the surveillance on.Based on this premise,this thesis observes and studies the implementation situation on extraterritorial relevant mechanismThe whole text is divided into four parts:Part 1 introduces the regulation and its general implementing situation of the residential surveillance system in our nation.Residential surveillance has developed for a long time in China.As an alternative compulsory measure to custody,the features of residential surveillance is different from the custodial compulsory measures such as criminal punishment and arrest,non-custodial compulsory measures,such as bail,and the means of criminal investigation.About the setting of residential surveillance mechanism,it should be on the premise of coincidence to the "supervisory and control degree" of the residential surveillance.That is to say,all kinds of legal and regulated supervisory and control means should be non punitive,non custodial and should not conduct criminal investigation for this reason.Part 2 describes the three main means of surveillance:Electronic Monitoring;Designated Monitoring;Communicational Monitoring.Electronic monitoring technology is the use of electronic equipment,video simulcast functions and positioning technology to be monitored live life and travel records,in order to monitor its legal obligation to fulfill the residential surveillance.There is much practice in the United Kingdom,the United States,France and other countries.We should be introduced in the residential surveillance during the execution of the executive authority in accordance with the terms of reference and a combination of electronic monitoring party’s application start-up mode,pay attention to the case during the execution of the reasonable protection of privacy.The communication monitoring our investigation stage can be used under residential surveillance communication synchronization monitoring surveillance means.The main purpose is to monitor the behavior of the existence of irregularities communication the communication monitoring legislation could provide the basis for the establishment and improvement of the communication control system in China.Designated places monitoring is no fixed residence or suspected of three specific crime being monitored resident a special monitoring system of bail hotel has many years of history and experiences.Part 3 describes three complementary means of supervision.In order to supply and assist the main means of supervision,as well to ensure the results of the residential surveillance,the executive organs may conduct unscheduled inspections of the person under residential surveillance,during which the means of random in time and casual inspection will be adopted to ensure representation of the results.They may temporarily detain the identity documents,immigration documents and driving documents of the person under residential surveillance to indirectly control their behavior to reduce the possibilities of escaping or interfering of the proceedings.They may also require the person to regularly report to their work units,domicile residents’ committee,the police station and other grassroots organizations and so on,and thus make use of grassroots organizations to achieve the completion of the residential surveillance.part 4 is to summarize the application of the various means of supervision.The applicability of the various means of supervision should be evaluated objectively.Electronic monitoring technology is the most intuitive,but the most expensive.Designated places monitoring is the most effective while has the highest degree of restrictions on personal freedom.Communication monitoring can benefit the crime investigations,but may cause leakage of legitimate privacy during the normal communication process.During the implementation process,the ways like the introduction of judicial review mechanisms can avoid the risk in the executive process through the collaborative use of a variety of means of supervision.