A Study On Our Country’s Residence Under Surveillance System

Residential surveillance of a non-custodial coercive measures, to avoid the extremeseverity of deprivation of liberty, it should be a more practical enforcement measures, butthat’s not the truth. Of the five compulsory measures, the lowest rate of application isresidential surveillance, not good to play the role of the criminal proceedings. Therefore,scholars have been arguing about the abolition of it.On March14,2012, the fifth meeting of the Eleventh National People’s Congress passedamendments to the Code of Criminal Procedure. The new Code of Criminal Procedure takesreservations but changes more for the problems in the judicial practice, clears the specificapplicable object and the legal nature of the residential surveillance, specifies the provisionsunder residential surveillance sentences off against the system; perfects execution of assignedresidence residential surveillance, the assigned residence residential surveillance and detainedunder the disguise distinguish, avoids the assigned residence residential surveillance judicialpractice into a disguised form of conditions of detention; to clear residential surveillance as amore stringent than released on bail enforcement measures exist in our criminal justicesystem, and avoids confusion between the two. However, the combination of the actualanalysis, the new Code of Criminal Procedure "residential surveillance" transformation "thereare still some shortcomings, such as the design of positioning inherent contradiction, thedifficulty of effective implementation, of which the most common problems is the difficultyof performance of public security. China is in a critical period of building a country ruled bylaw. Compulsory measures are important part of the rule-of-law.Residential surveillance asone of the five compulsory measures, is the crux of the rule of law, a direct relationship to thesuspects, the legitimate rights of the defendant.This paper is divided into four chapters: the first chapter introduces the concept,characteristics and function of our residential surveillance; Chapter II explains the status quoof China’s residential surveillance system analysis, Chapter III analyzes the new Code ofCriminal Procedure "residential surveillance system" transformation "; Chapter four proposesappropriate measures to improve residential surveillance system on the legislative andjudicial issues．...