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The Revocation Of Article Of Residential Surveillance

Posted on:2012-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:K M WangFull Text:PDF
GTID:2246330371494744Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Article of residential surveillance is a part of the Criminal Procedure Law of China as a none-compulsory mearsure which reflects the characteristics and limited objective condition of the time when it was issued. On the other hand, the advantageous and superiority of this Article at the specific time demonstrates its significance and necessity. But the inherent historical particularity of this Article reduced its operability, resulting in minor applications of this Article by the public security organs nowadays. Thus a long lasted disputation by the academe on the revocation of Article of residential surveillance has started. The revision of Criminal Procedure Law of China provides the opportunity to settle down this disputation. Considering the initials, the details, the development and the practical operability of this Article, the author supports the revocation of the Article of residential surveillance. Hence to improve the legislation of Criminal Procedure Law, to minimized the dilemmas in practice, to increase the efficiency of executive organs and to demonstrate the fundamental principles and the initial objectives of Criminal Procedure Law.There are six chapters in this article. Chapter1:Introduction. Chapter2:Overview of the Article of residential surveillance. Chapter3:Arguments from academe and executive organs. Chapter4:Analysis on relevant Articles. Chapter5:Analysis on the rationality of the revocation. Chapter6:Alternative measures to the Article of residential surveillance.
Keywords/Search Tags:residential surveillance, Criminal coercive measures, replaceable measures, abolition
PDF Full Text Request
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