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Residential Surveillance System Consummation Research

Posted on:2012-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:M H ChangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Criminal coercive measures as an important part of the criminal litigation plays a vital role In criminal proceedings in the development process.As the judicial reform process develops in-depth and citizen rights attention, Criminal coercive measures reformation and perfection gets in a prominent position.The anti-custody compulsory measures as restriction of personal freedom having special advantages in protecting human rights of compulsory measures.residential surveillance system as the compulsory measures custody, having similar place with the western countries under the rule of the bail system, The author thinks that reference to perfect the bail system residential surveillance system has the special research value.The residential surveillance itself has a special value Play an irreplaceable position and role.with our country's law is slowly modernizing Human rights cause more attention.In order to adapt to the international convention as soon as possible the requirements and comply with the modern society development trend of criminal procedure, China should expand the custody sex compulsory measures So as to reduce the use of custody sex compulsory measures。The authour discussed this paper according to the specific problem and judicial practice with theory of criminal proceedings And the perfect residential surveillance reconstructed.Residential surveillance system, as I criminal procedure and design process of a piece of special criminal compulsory measures, Its purpose is to exercise of state power with the people's rights between seek interests balance。Countries of Anglo-American law system pursued "personal freedom sacrosanct" principle,given the full respect to The freedom of a suspect to. As a bail defendants to litigation rights in sensible。Some continental law system country provisions of the relevant system similar to residential surveillance Although exsiting differences beteween the name, the applicable condition, such as the way of carrying have differences, But they plays different roles in the respective national system of compulsory measures。The bail system is the compulsory measure relief anti-custody in western countries under the rule of law in criminal lawsuit means a substitution custody, Also is a non custody sex compulsory measures.Custody pending remedy is relative remedies of rights, And relief itself is a kind of right。Our country should be established for a residential surveillance by the custody of the criminal suspect or defendant rights, it is very cecessary that pursuiting human rights today in trend of this lawsuit, also according to the lawsuit theory.China can use for reference the practice of UK and other countries, giving The decision rights to grant courts residential surveillance.The western countries under the rule of law of our country related system, residential surveillance system reconstruction.
Keywords/Search Tags:residential surveillance, The custody compulsory measures, release on bail system, complete reconstruction
PDF Full Text Request
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