Study On The Residential Measures To Monitor Residence

For the purpose of ensuring enforcement of Criminal Procedure smoothly, interested parties need the participation and cooperation。So in this case, criminal compulsory measures as the guarantee would be necessary。On the other hand, the criminal compulsory measures will ruin the human rights of the criminal suspects or the defendants inevitably。 Therefore, apply the criminal compulsory measures to make its could not only ensure the operation of the criminal lawsuit smoothly, but also protect the legitimate rights and interests of the criminal suspects or the defendants and reduce unnecessary damage to the basic rights, it is the goals that we research and efforts to the pursuit continuously。At present, our criminal procedure law stipulates five compulsory measures clearly, assigned residence residential surveillance is not a separate compulsory measures, but been covered by residential surveillance measures。In fact, there are some notable differences between assigned residence residential surveillance measures with other compulsory measures, even the residential surveillance measures。The restriction on the rights of the criminal suspect or defendant between the bail with arrested, and it be designed to alleviate the conflict of public power and private rights。But in judicial practice, there are many problems exposed like the applicable rate is low, the execution is difficult and translate into custody disguised easily。Assigned residence residential surveillance is different with other compulsory measures, it has irreplaceable function and value。 Therefore, perfecting the measure make its playing a proper role in the process of criminal procedure is the purpose of this study。 We hope the in-depth analysis of research to make assigned residence residential surveillance measures better constantly, so it could guarantee of criminal litigation process effectively, and achieve the function of the combination of punishing crime with protecting human rights。...