Procuratorate Self - Investigation Case Applicable To Designated Residence Monitoring Residential Research

With the development of the rule of law and social progress, reducing the custody and taking alternative measures have become the consensus of all countries in the world, but after the application of reducing the detention and arrest it ought to think how to prevent the non state of the criminal suspect in custody to endanger the society. A great way to solve this problem is to improve the residential surveillance measures.Surveillance with designated residence is to reduce the detention, the application of the arrest, moreover, for some special cases, taking bail or residence type monitoring living the criminal suspects whom may impede the investigation of, which benefits the investigation. Therefore the specified monitor homes living system in the current <Criminal Procedure Law> came into being. This paper mainly analysis of the valu in Wenshan range for application specified monitor homes living cases, and puts forward problems and perfect propose of the appointed residential monitoring compulsory measures.First of all, to define the interpretation of the designated residence residential surveillance. It is different with the commission for discipline inspection departments to take the "double regulations" measures of assigned to monitor homes. Criminal procedure law sees monitoring homes qualitatively as a kind of alternative measures of detention, it is not a new enforcement measures, only supplement and improvement of the original coercive measures, it is a non custodial measures to limit the personal freedom, and has no custody character.Secondly, I come from Wenshan Zhuang and Miao Autonomous Prefecture, the procuratorial organs, this article for the procuratorial organs carries on the investigation of the specified monitor homes residential, in order to find existing specified residential monitoring problems, and puts forward suggestions to perfect the system. The applicable subject of the region mostly are the grass-roots procuratorates, the bribery crimes take a big proportion seriously, places of execution are mainly of guesthouse, hotel and temporary hired independent houses, which are short-term performance in process.Then, designated residential monitoring is a criminal coercive measure which is according with China’s national conditions,essential and of the actual application value in prosecutors investigating crimes, especially of special value in bribery cases. Taking the procuratorial organs in Wenshan as an example, the author has some analysis of the role played by designated residential monitoring measures.After taking the specified residential monitoring measures, most of the suspects were arrested, forced to enter more stringent measures, which also proves that by using the specified residential monitoring measures, it improves the detection rate of bribery cases, has a certain effect on the digging of the crime. Ensure the time for the full protection of major bribery cases, and the investigators can solve the case in a reasonable period of time, which can reduce the risk of handling and the occurrence of erroneous;it can ensure the strengthening for investigative agencies on criminal suspects control, which is conductive to the confidentiality of the case as well.Furthermore, to some extent, the procuratorial organs apply the measures to reduce held which is the legislative intent. However,because in the system level and the operational level of the specified residential surveillance there are problems among examination and approval processure, the implementation processure and supervision aspects and other issues, this chapter will introduce the practical problems by combining the practice of the designated residential monitoring measures. Due to the principle and general terms, in the specific practice in handling cases, investigators’ understanding of law of the criminal procedure are uncertain. The superior procuratorate has defect approval process in designated residential monitoring where is lack legal supervision. There is a serious gap between the executive subject who are lack of flexibility, operability and the realistic condition, the current criminal procedure law does not specify the choice of location of the designated residential monitoring implementation,the lack of specific execution sites will lead to huge conflicts of cost and execution Limited judicial resource, security, highlight the rights guarantee and financial security, legislation is still in the stage of exploration. The people’s Procuratorate supervise the application of the monitor homes residential supervision, but these rules of supervision is not in detail and lack of effective restriction mechanism, which are easy to cause the abuse of the compulsory measures. Finally, designated residential monitoring measures has an independent value of which arrest cannot replace, it is a kind of coercive measures that retreats into the attack. In order to solve the judicial practice problems, to play a better role in the investigation particularly significant bribery case, I suggest to perfect this system from the positioning system, application the conditions, the implementation of the provisions, work mechanism and so on. Not only the human rights in designated residential monitoring application we protect, but also indulging crime we prevent, and problem social unrest causes. Tighten up the applicable conditions of home monitoring:a "major suspect" instead of the proof standard, "meet the conditions of arrest", formally abolish the applicable conditions," place execution may hinder investigation", improve the stipulated circumstances in particularly serious crime of bribery. Executive power of particularly serious bribery crime of designated monitoring shall be exercised by the procuratorial organs, or at least the procuratorial organs should be listed to implement of the main. In order to save the cost of justice. The author suggests to consider establishing residential places for specially designated monitor. Perfect procuratorial work mechanism, strengthen the supervision and restriction mechanism of designated home monitoring live.By fully using the convenience brought by specified monitor homes living to investigate the crime of particularly great bribery, we also found the problems which appears in the process of residential surveillance system in the implementation in practice, we can further improve the regulations of the specified monitor homes residential, standardize the behavior of the specified monitor homes residential practice as we.