Functional Alienation And Improvement Of Residential Surveillance In Designated Residences

In 1996,the Criminal Procedure Law officially included the designation of residential surveillance as a supplementary enforcement method of residential surveillance into the scope of criminal compulsory measures.The legislative intention is to add criminal compulsory measures to protect the safety of procedural procedures while not detainment criminal suspects.However,in judicial application,the limitation and insufficiency of legislation lead to frequent chaos in judicial application,which causes great controversy in academic circles about the existence or abolition of designated residence surveillance.In 2012,the Criminal Procedure Law amended the scope of application,decision procedure,decision authority,scope of obligations,legal consequences and other contents of surveillance in designated residences to improve their applicability and operability,and entrusted them with specific litigation functions to reduce pre-trial detention and guarantee the internal unity and integrity of criminal compulsion.In 2018,the Criminal Procedure Law stipulates that public security organs have the right to independently decide on the designated residential surveillance of suspects suspected of two types of special crimes.An empirical study on the specific situation of designated residential surveillance applied by public security organs in China from 2020 to 2021 shows that the total amount of applicable residential surveillance increases year by year and shows a trend of doubling in 2020.Applicable charges are extensive,mainly property crimes;The main applicable organs are district and county-level public security organs;The order of the change of criminal compulsory measures is varied;The detention transfer rate reached 82.16percent;Different reasons for application lead to different application time limits;The average application time was 38 days,and there were cases of extended application.The evaluation of the application effect of designated residential surveillance shows that the application of designated residential surveillance can not effectively reduce the rate of pre-trial detention;There is a tendency of disguised detention in judicial practice.The application process lacks effective restriction and supervision;The protection of human rights in the process of execution and interrogation;Gradually evolved into the public security organs to obtain confessions,fixed evidence investigation means.Arbitrariness of decision procedure,investigation of application process and custody of execution process are still very prominent.Should build dominated by procuratorial organs neutral organ for examination and approval mechanism,perfect the procuratorial organs and the public security organs of the internal and external supervision and management mechanism,improve the public security organs perform standard system,build the execution process and to be subjected to residential surveillance in the process of interrogation of the human rights protection system specification specified residence residential surveillance standard of judicial application,On the basis of protecting human rights,the application of designated residential surveillance can realize the specific litigation functions of reducing pretrial detention and guaranteeing the internal unity and integrity of criminal compulsion.