Abolition Of Residential Surveillance

At new democracy revolution period, the residential surveillance was an newoutcome of our country the judicatory fulfillment and social management, onceextensively applied and erupted to flick an aggressive function. But push forwardalong with the judicial fulfillment and the innovation of judicial principle, theresidential surveillance deviated normal orbit gradually and turned to become illegallymeasure to jail crime suspect and the accused persons, and it pertained to crimeproper procedure and human rights guarantee worthy, so as to arose the objections oflocal theory and actual situation personages. Henceforth, As much as twice argumentson keep or abolition of the residential surveillance started by them, it can be treated asthe best evidence to question its rationality. Under this kind of premise, I think it istime to abolish surveillance and establish electronic supervision. In briefly, this papercontains four underneath chapters.Chapter I, after clarifying the concept and property for the residential surveillance, then analysis on the new rules in the code of criminal procedure,discovering although the new rules has certain effect, but still do nothing with problems about the residential surveillance’s separate existence,detention turn, term uncertain etc. This may be said the defect of legislation.Chapter II, with investigate on a county’s public security bureau,procuratorate,law court in Hunan, we can work out the residential surveillance as an troublesome,high-cost, useless compulsive measure in judicial personnel’s eyes.This can take asbad practice.Chapter III, From two parties opinions of support and opposition, it can concludeantithetic and reasonable sides to put forward abolition of the surveillance andestablish the electronic monitoring.Meanwhile, introspected existing four kinds ofalternative plans to make preparation for concern necessity of electronic supervision.This is problem about the theory.Chapter IV, standing an all new angle, On the basic of abolition the residentialsurveillance, i advocates to recommending electronics supervision measure. Themeasure has fulfillment experience in the United States and Germany, if taking thisbeneficial condition, we will establish the new. So it must do good for making up theempty, promoting application rate of non-compulsive measures, and strengthening protection of the litigation rights and the human body rights. It is really achievingmany things at one stork!To be honest, Be limited by the scholarship and research ability of myself,thispaper should has shortcomings as not overall, not deep, not mature etc. Welcome yourcriticism!...