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The Defects And Perfection Of Surveillance System

Posted on:2016-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y J GongFull Text:PDF
GTID:2206330470464970Subject:Law
Abstract/Summary:PDF Full Text Request
Residential surveillance, one of the five coercive measures in the Law of Criminal Procedure in China, is a compulsive method powered by public security organization, People’s procuratorate or People’s court to prevent the defendants or suspects from leaving their accommodations and watch the move of them. Residential surveillance could promise the smoothly operation of criminal proceeding, reduce the application of arrest and detention, and protect the lawful rights and interests of the parties to a maximum extent. However, a lot of illegal phenomenon exists in the actual execution of residential surveillance system such as difficult implementation and low application rate. Considering the important position of residential surveillance in the criminal procedure and the problems existing in the earlier legislation. In China, the current Law of Criminal Procedure not only confirms the independent value of residential surveillance, but also clarifies the status of their alternative measures for arrest. Residential surveillance, as a buffer between bail and arrested mechanism, is considered to be a complement to obtain a guarantor pending trial and an alternative to arrest.This article is composed of four chapters to illustrate the residential surveillance system:Chapter 1 generally gave an introduction of the residential surveillance system including its definition, historical evolution, and rationality and necessity of the existence; Chapter 2 focused on the legislation evolution of residential surveillance system in China and pointed out its deficiencies; Chapter 3 has discussed the relevant systems in foreign countries and summarized their characteristic and enlightenment; Chapter 4 has proposed a blueprint to perfect the residential surveillance system in China and to take series of specific measures to revise the relevant law.
Keywords/Search Tags:residential surveillance, judicial supervision, judicial remedy, assurance of human rights
PDF Full Text Request
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