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Research On The Residential Surveillance System

Posted on:2014-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:C X LiFull Text:PDF
GTID:2246330398487528Subject:Law
Abstract/Summary:PDF Full Text Request
Residential surveillance is a kind of measure about criminal compulison,and it is measure of chinese feature.But there are still many problems in practice,And experts also have different perspectives about the regulations of residential surveillance, then in2012the regulations of residential surveillance are improved in2012amendment to the criminal procedure law. New amendment of the People’s Republic of China criminal procedure law made significant changes to the residential surveillance system. On one hand, a part of residential surveillance about1996Criminal Procedure Act is inherited, on the other hand, the concrete rules are modified. Making a distinction between the applications of residential surveillance and the bail, establishing the position of the replacing measure of reducing detain of the residential surveillance, and improving the regulations of residential surveillance.It can be said that this amendment is a great progress about residential surveillance system, but there are still many problems. Though the research of the new amendment of residential surveillance system, we can see that there are many shortcomings about this system in legislation and in practice, but we can draw lessons from foreign useful experience. The legal status and value of residential surveillance system must be clear, and the imagine and propose about it must be put forward. The text consists of four parts:The first part is a general introduction of residential surveillance system,it introduce the histroy of residential surveillance,definite the content and position in the law,describe the function and value of residential surveillance.Based on the status of residential surveillance independent criminal coercive measures and the arrest of alternative measures of the legal attributes.The second part is comparative analyse, making a comparison about foreign similiar system that is placing restriction on residence, such as the system of dwelling arrest in Italy, the system of conditional release on bail in Britain, not far in the criminal procedure law of pledge system in Soviet Union, and restricted residence system in China’s Taiwan,it is good for improving the rule of residential surveillance.The third part is to accord to the latest revision of residential surveillance system, starting from the specific legal provisions of residential surveillance, analysising the latest revision of residential surveillance system and then finding the problems. The last part is the propose and imagination about residential surveillance system,we can start form the existing legislative provisions, improve the specified residence of residential surveillance system, refine of specific legal provisions and rules, enhance the effect about the implementation of residential surveillance, strengthen the residence of residential surveillance system,and pay more attention to rights relief under residential surveillance,and strengthen procuratorial oversight.
Keywords/Search Tags:residential surveillance, specified residence of residential surveillance, legal attribute
PDF Full Text Request
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