A Study On Our Country's Residence Under Surveillance System

As an important enforcement measure of the Code of Criminal Procedure in China, residence under surveillance has always been controversial. Scholars advocating the preservation and scholars advocating the abolition both exist. First of all, this paper, by using the method of comparative analysis , summed up the views of scholars and their reasons for the demonstration and put forward my own point of view: even though the residence under surveillance system has some unreasonable shortcomings, but because of its special value and the actual situation in China , We can improve some aspects of the system and make it perfect to play its role better. The article analysed the characteristics of the system, finding the difference from non-custodial measures. Secondly, by using the method of theoretical analysis , it discussed the values and the basic principles of residence under surveillance system that ought to pursue and to follow .And this part is also a cornerstone of the whole article. Thirdly, by using the method of empirical analysis this article put forward the problems that exist in the legislation and practice of China's surveillance system one by one, and analysed the reason for its formation. This article studied the relevant provisions of the residence under surveillance system abroad, and summed up their experience. By adopting the useful experience of foreign countries, having a clear look at the value and content of the system, and on the basis of analyzing the shortcomings of the system in the legislation and practice, the article aims to give some suggestions to make the system perfect in our country.