Theory And Practice Of China’s Reform Of The Criminal Proceedings Under Residential Surveillance System

Residential surveillance system,a non-custodial coercive measures toa large Chinese characteristics,plays an extremely important position inthe Criminal Procedure Law of the system which can not be ignored.Althoughthe system of residential surveillance system transiently limit freedomof the suspect and the defendant to some extent,it is not "bail"non-custodial additional measures of coercive measures,nor "arrest"custodial compulsory measures of supporting measures.It is an independentsystem of criminal compulsory measures ranged from "bail" non-custodialcoercive measures to "arrest" custodial coercive measures which has theunique status of the litigation!There is a certain correlation degree view of the current CriminalProcedure Law of the residential surveillance system which is quitesimilar to the bail system and it relates to the arrest of the system.The existing residential surveillance system not only have somethingwrong at the theoretical level,like inadequate legislation,poor operability a period of doubt and other defined problem,but also injudicial practice like ineffective monitoring,application of the low rateof violations of human rights,a mere formality,"disguised form ofimprisonment",a" de facto custody"and"extended detention"and so manyproblems.And the view was expressed that the system should be used as acomplementary measure of the bail system,or the view that the system isa supporting measures of arresting the measures.And there is also an ideathat the system has its own unique attributes and should be distinguishedfrom other systems.Therefore,the scholars of the system argue thatwhether it should be abolished during the process of discussingtheoretical exploration and judicial practice.The author believes that the residential surveillance system inTheory and Practice of the process is indeed having many problems,but thesystem is still adapt to China’s special national conditions and inaccordance with the pulse of the development of socialism with Chinesecharacteristics,in addition that it couples with the March14,2012Thefifth meeting of the the11th National People’s Congress passed a basisfor further modification of the amendment of the Code of CriminalProcedure of the People’s Republic of China (Draft) Amendment of theCriminal Procedure Law of the People’s Republic of China,which isincluding residential surveillance system,which aslo indicates that thesystem is still necessary.The purpose of the Code of Criminal Procedureas a procedural law,and the inquiry is under the premise of the protectionof human rights,promote the healthy operation of the criminal proceedings,and highlight the proceedings fair,open and fair view of the rule of lawconcept. Still many problems exist in residential surveillance system inthis article to the amendment of the Criminal Procedure Law as anopportunity.I compare the system with the "bail system" and" arrestingsystem",and use dialectical analysis,comprehensive analysis for statement in order to promote the Code of Criminal Procedure more perfectand give full play to the procedural law of the "punishment of crime andprotection of human rights" effectiveness,taking into account thelitigation "freedom,order,justice and efficiency" values,and litigationof economic benefits at stake,and thus promoting judicial harmony,construction of new monitoring living system.