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Residential Surveillance System Research

Posted on:2013-05-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:M D TangFull Text:PDF
GTID:1226330395953033Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal compulsory measures are the effective means for guaranteeing the successful implement of criminal process while they are harmful to the basic rights of the criminal suspect or defendant. It is the eternal goal of the criminal legislator that the measures do less harmful to the accused as far as possible when the measures are used for guaranteeing the successful implement of the criminal process. Criminal compulsory measures system consisting of many compulsory measures with different compulsory degree provides the possibility for the criminal justice to select the suitable compulsory measure according to the case situation.Residential Surveillance is one of the criminal compulsory measures in China with Chinese characteristic. The legislator’s purpose of Residential Surveillance institution is to guarantee the successful implementation of criminal process by restricting the freedom around his/her domicile or residence, monitoring the activities and behaviors of the suspect or defendant but not taking him/her into custody. The confinement strength of Residential Surveillance is stronger than Obtaining a Guarantor Pending Trial but weaker than Arrest. Residential Surveillance is also a better choice in alleviating the conflict between judicial power and rights. However, the practice of Residential Surveillance takes place some problems as low application rate, execution difficulties and disguised custody due to its relatively simple legal provisions. All these problems are beyond the legislator’s wishes. The controversy about Residential Surveillance fully exposes the problems of legal provisions and practice.In fact, some Criminal Procedure Laws and practice in other countries also exists the similar institution as Residential Surveillance in China, but do not name it to residential surveillance. Residential surveillance reform in China should learn from foreign similar experiences, be aware of its conditions of existence and historical background of changes, identify the correct direction of future and seek the solution to the present problems. As a legal action, Residential Surveillance with power nature restricts the basic rights of the accused. There are both outer and intrinsic values in Residential Surveillance. Guaranteeing the successful implement of criminal process and personal rights safeguard are outer values; justice and efficiency are the intrinsic values. The key to the modification and perfection of the institution of Residential Surveillance is that Residential Surveillance should be positioned as a supplementary measure of obtaining a guarantor pending trial and/or a substitutive measure of detention, clearing the scope of accused activity, introducing new monitoring ways, optimizing the distribution of powers, designing reasonable structure and application program, strengthening the supervision and providing the accused legal ways of rights relief.
Keywords/Search Tags:Residential Surveillance, Conditional release pendingtrail, Criminal compulsory measures, System perfection
PDF Full Text Request
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