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Empirical Study Of Residential Surveillance System

Posted on:2012-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:D LiuFull Text:PDF
GTID:2166330332492309Subject:Law
Abstract/Summary:PDF Full Text Request
Residential surveillance system is changed after the Code of Criminal Procedure of 1979.1n the practical implementation of the system still had many problems and in theoretical side the dispute never stops, or waste, or change, and uncompromising. The thesis is divided into five parts, the theoretical explanation based on the implementation of practical experience in residential surveillance for the innovation, based on practice, and tests the system to make a living on the surveillance system described.The first part of the Introduction, the first version with the existing views of a variety of Criminal Procedure, defines the concept of residential surveillance, followed by resistance from the non-penalty, three aspects of protection and temporary residence of the surveillance system to analyze the nature, but also discusses the residential surveillance system reflects the value of crime control, appropriate measures of value and the benefit of saving judicial resources and reduce the value of litigation risk, and then combined with the introduction of the surveillance data collected in the history of evolution of living history, both before and after Ministry of the different legal provisions of its Criminal Procedure Law and the provisions of the difference between the two to make a comparison.The second part is mainly residential surveillance system, talking about the existing problems are the following:the uneven application of the practice, including different regions and between different departments for uneven; means of implementation in practice is not uniform, including the place of execution, enforcement officers, the implementation of content and degree of implementation of four inconsistency; practice compensation because they do not belong to the state the scope and modalities for the implementation of its specific cause of abuse; lack of effective means of relief.The third part of the problem for the existing crude from the existing legal provisions, the law of waste paper are still to be adopted, law enforcement officers lack of awareness of rights protection and monitoring system is not perfect and so in depth to analyze the reasons;The fourth part will introduce the system of extraterritorial laws such as the UK's bail system, system of judicial control in France, Italy's residence to arrest system, system of Taiwan, residential restrictions, and prohibitions Macau departure and contact system, and its living with domestic surveillance system to compare.The last part talked about how to improve the residential surveillance system, mainly from improving the existing legislative provisions, detailed rules related to the system to distinguish it from the bail system, attention to the rights of persons under residential surveillance protection, and strengthening oversight mechanisms and other aspects described.
Keywords/Search Tags:coercive measures, residence under surveillance, economic criminal case
PDF Full Text Request
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