Residential Surveillance System

Residential surveillance refers to the public security organs, people’s procuratorates and people’s courts in criminal lawsuit process, for criminal suspects, defendants, ordered by the authorization or designated w.va habitation, and its action to monitor and control of a mandatory method. As a kind of criminal coercive measures of custody, because do not like the custody of compulsory measures that intuitively deprived of the criminal suspects and defendants in personal freedom, and research on theory of long without due attention to academic, less concerned, In practice, the public security organ for justice and less adopted, In facing criminal procedure law, the revision of upcoming again face should be abolished or. Scholars in the "criminal procedural law (the second amendment scholars implied in the draft"), residential surveillance cancelled. But in the "criminal procedural law scholars to modify expert proposal draft", "model of criminal procedural code, retained residential surveillance measures. Agree to cancel or retain the scholars both residential surveillance, and practice is man’s most comrades think department shall cancel the measures. Scholars and practitioners of residential surveillance problems still debate, reach a consensus, sum up, roughly three point:that should be reserved or residential surveillance, In the first point or formed on the basis of that should be retained in residential surveillance, to modify, Others think should cancel residential surveillance system. In view of this comparison and analysis of the system, in the practice of the department are analyzed, and the operation situation of residential surveillance system, advocate cancelled with foreign bail, the criminal procedure law of our country, and puts forward the guarantor pending trial system, after the cancellation will be merged into a guarantor pending trial, and the guarantor pending trial system, perfect and amended criminal litigation better value. Text consists of four parts:The first part of the monitoring system of living, this part of two sections. In the first quarter, the system is briefly introduced in the present legislation, the second part, the residential surveillance system of all sorts of theoretical analysis, views, basically has 3 kinds, namely:retention, perfect and banned, and briefly described.The second part of the system is analyzed and similar. Through the residential surveillance system is similar to the provisions of the bail system, the relevant provisions of the continental law system country. On the basis of system theory, the value orientation and the relevant system in China, as well as residential surveillance system and the guarantor pending trial system for perfecting the comparative analysis, residential surveillance system reform, the analysis theory, practice.The third part of an empirical analysis of the residential surveillance. In its practice in operation in 2005, L county in 2009, the relevant data statistics’and analysis, the system in practice, thus the operation situation of the derivation of this system, change cancelled.The fourth part of residential surveillance system. Through the analysis and derivation before residential surveillance without the value of existence, it will be merged into the necessity of the guarantor pending trial system, Combining the bail system abroad, to put into the residential surveillance system of a guarantor pending trial after analyzing defects, perfecting the ways and methods.