| "Respecting and safeguarding human rights" written in2012, amendments to the Criminal Procedure Act, as an important principle in the Constitution, can be said to be an important milestone on the road of China’s legal system construction.73rd in2012, amendments to the Criminal Procedure Act concerning "assigned residence residential surveillance" provision has raised controversy to assigned residence residential surveillance from various perspectives on a variety of different interpretations, and gives some basis for legal theory and judicial practice as a theoretical support. Which, some law territories people to this for has violent of attacked, think in new criminal law in the of "specified homes monitor live" has violations crime suspects, and accused human rights of may, according to "respect and protection human rights" of big principles, such is not feasible of; some judicial practice territories people think this provides in combat crime in the of active role should get must, but in specific of practice of must to reasonable treated this provides, cannot will its evolution into disguised custody. We should clearly specify "domicile", clearly identifying the applicable charges, increase the scope of the mandatory level of operability, perfect supervision mechanism to further improve assigned residence residential surveillance system in China. |
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