Monitor The Live System

Having a general observation of world's law, the system ofsurveillance of residence is comparatively rarely seen in both Civil-lawcountries and Case-law countries. As a criminal compulsory measurehaving Chinese characteristics, surveillance of residence itself has theadvantageous quality comparing to the other compulsory measures.Without putting one behind bars, it can give due controlling to thecriminal suspect, the defendant, and prevent them from hindering thelegal action proceed as planned and without a hitch from being inprogress. It can also guard against erroneous arrest, and forcefullyupkeep the authority of judiciary right. It can reduce the chances of thembeing arrested or putting behind bars, defend criminal information fromspreading between the suspects or defendants, in order to prevent morecrime being committed. It can save judiciary cost, and embody legalaction classics. However, surveillance of residence is not suitable to beoperated in China, because the legislation of this measure is notimproved and perfect. So the use rate in putting it into practice is lower,and its due function is not fully embodied. The academic circle is now inhot dispute about weather the system of surveillance of residence shouldbe existed or not. The scholar of both sides has his own opinion, unableto get to the agreement. The author thinks that in the actual judiciaryenvironment of present China, the system of surveillance of residence isstill of rationality and reasonability. And its reality applies value shouldnot be underestimated. The crux of the matter does not lie in "to be ornot to be", but in how to solve all of the problems about the system ofsurveillance of residence in practice, by perfecting the legislation. At themoment of it happening that Criminal Procedure Law of China revisesagain, we ought to on basis of perfecting the legislation, let the system,guarding so excellent in local territory, bring its due effect into play, toperfect criminal compulsory measures of our country system, and tobring the much better service to criminal procedure in our country. The paper is divided into four parts.The first part is about the concept, the origin and development ofthe system of surveillance of residence. Then, the author compares thissystem with the similar systems of foreign countries, from the angle ofcomparative jurisprudence. Besides, the author also different this systemfrom the relative compulsory measures such as detain, the system ofobtaining a guarantor and awaiting trial out of custody, release on bail,and restriction of residence.The second part is mainly to analyze the present situation oflegislation and practice, and try to point out the imperfect of the systemof surveillance of residence.Then goes to the third part. There are always disputes following thecontradiction. Because the system of surveillance of residence has bothits value and problem in legislation and practice, so in this part theauthor has her own point about how to improve the system, on the basisof the reason of both sides. She tries to improve the system from theobjection to apply, the place to carry out, the executive organ andimplementation process etc.The last part is about how to improve the legislation. In order toimprove the system of surveillance of residence, we should makedefinite the object to use, the way to use, and the period to use, under theprinciple of proportionality. Besides, it is necessary to make up thesystem of supervision and relief for it.