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Residential Surveillance System Of Criminal Proceedings

Posted on:2014-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y B DanFull Text:PDF
GTID:2246330398979283Subject:Law
Abstract/Summary:PDF Full Text Request
The surveillance of residence is a kind of criminal compulsory measures, which the public security organ, the state security organs, people’s Procuratorate and the people’s court in criminal proceedings, in order to ensure the smooth progress of the criminal procedure, the use of criminal suspects and defendants, and executed by a public security organ, to request the suspect, defendant in a certain period of time to leave a specific area, compulsory measures and to monitor the activities of the temporary restriction of personal freedom. In criminal investigation and other compulsory measures often used, in the long-term judicial practice, residential surveillance system exposed more and more problems, residential surveillance and applicable conditions of bail with a simple implementation, execution, implementation of residential surveillance, illegal take extended to residential surveillance, the surveillance of infringing the legitimate rights of citizens such circumstances, the residential surveillance system should be perfected and the repeal of the voices have emerged. In fact, no matter how the name, relevant measures to contain residential surveillance content, are all developed countries of rule of law in criminal investigation procedure is commonly used restriction of personal freedom of the alternative measures, residential surveillance has other compulsory measures irreplaceable role. From the reference of foreign experience and the actual situation of our country, questioned in view of the existing residential surveillance in the process of implementation problems and legislative circles, the new "criminal procedural law" the final adoption of the revised and improved view of residential surveillance system, has carried on the remodeling, relates to the monitoring of living conditions, location, manner the procuratorial organ, supervision and so on, covering almost all the monitoring items except residential surveillance for living. The new "criminal procedural law" from the enhanced surveillance operation point of view, the contents of the revised and perfected, entrusted with the new connotation, also provide new constraints, increased to particular cases can take the designated home residential surveillance, the procuratorial organs on the designated home residential surveillance decision and implementation supervision content to strengthen the protection of human rights, under residential surveillance of people. The new "criminal procedural law" although one of the important contents of residential surveillance as a compulsory measure modified, but due to the absorption of foreign experience is not complete, at the same time, China’s judicial system is not straightened out, the formal implementation of the new "criminal procedural law", in the choice of execution, execution, supervision and other places there are new the situation. These situations will inevitably affect the implementation effect of residential surveillance, but cannot deny the residential surveillance system, and hope that these new situations to get attention and is fixed, so that the residential surveillance system more perfect, more practical, more in line with the actual needs of judicial practice, more conducive to the protection of human rights, more accepted by the judicial organs and the law.
Keywords/Search Tags:criminal action, residential surveillance, implementation
PDF Full Text Request
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