Research On Problems Of Assigned Residence Residential Surveillance

In March2012, The Amendment Of Criminal Procedural Law was approved bythe fifth meeting of Eleventh National People’s Congress. This is another significantrevision since the reformation of criminal litigation system starting from1996. In TheAmendment Of Criminal Procedural Law, residential surveillance becomes thecompulsory measure with the biggest change among all the revisions. The legislativeauthorities have redefined residential surveillance, and identified it as the alternativemeasures for custody of arrest. Compare to the Criminal Procedure Law of1996, themodified residential surveillance rule includes the new regulations for applicableconditions, execution mode, designated residence area, lawyers defense, legalsupervision etc., it may result in improving the compulsory measures system of ourcountry in a positive way. Meanwhile, there are a series of problems associated withresidential surveillance, especially the changes to the residential surveillance underdesignated residence, have generated great controversy in both theory and practice.Before writing this paper, some domestic scholars have researched on the issuesof designated residence surveillance. Therefore, this paper is based on the researchresults of other scholars, combined with the public security work in practice, furtherexplores the issues existing in theory and law enforcement of designated residentialsurveillance, and puts forward some countermeasures and suggestions, in order tostimulate the thoughts which can help the law enforcement practice.This paper includes four chapters, the first chapter contains two sections,expounds the concept, nature of surveillance of residence, also extends to define theconcept and characteristics of designated residential surveillance and three specifictypes of criminal cases. The second chapter consists of two sections, the relevantprovisions of the designated residential surveillance is the key issue to be discussed inthis chapter, comparing residential surveillance with detention and non-custodymeasures,“dual designation” and the similar measures other regions and countries areadopting, analyzing the unique nature of China’s residential surveillance anddesignated residence surveillance rule. The third chapter consists of two sections,analyzes the problems associated with designated residential surveillance from theaspects of legislation and practice,. The fourth chapter consists of two sections,including the countermeasures and suggestions to put forward from the aspects oflegislation and practice.