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China’s Residential Surveillance System Improvement Study

Posted on:2013-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ZhaoFull Text:PDF
GTID:2246330395470599Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
The residential surveillance can be said is a coercive measures with Chinese characteristics. Throughout the world, both in civil law countries of Germany, France, or the United Kingdom, United States of America as represented by the common law countries are very rarely seen. Residential surveillance from1979in the form of legal provisions clearly down, after two major modifications, but in practice there are still many problems. This paper from the connotation and History of our residential surveillance measures, visits of foreign-related system, analyze the problem of existing residential surveillance, the elaborate residential surveillance measures put forward suggestions for improvement in four areas.The first part, residential surveillance measures connotation and History. First, the study defines the concept of residential surveillance, followed by analysis of the main features of its subsidiary statutory Finally, evolution of the history of the introduction of residential surveillance measures and experience of the measures from the enactment of two major modifications comparisonThe second part, the the foreign system investigated. This part mainly introduces our residential surveillance measures similar to the Anglo-American system of bail, Germany postponed arrest system, the Italian residence arrest system and the French system of judicial supervision. And analysis of foreign-related characteristics of the system and the legislative concept based on the development of residential surveillance.The third part, the main problems of our residential surveillance measures. Analysis unreasonable applicable conditions of our residential surveillance measures in the legislative and oversight mechanisms are inadequate issues and norms do not exist in practice, the use of probability and low.The fourth part, improve our residential surveillance measures recommended. For our residential surveillance legislation, practice problems, made recommendations on improving residential surveillance measures. Mainly from the enlargement of the Executive body, clear means of implementation, and to improve the supervision of relief described.
Keywords/Search Tags:Compulsory measures, Residential surveillance, Restriction of power, Protection of the rights
PDF Full Text Request
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