Reserch On Designated Residence Residential Surveillance System

Residential surveillance system, as one of the five compulsory measures has long been controversial, the revision of the criminal procedure law in96of residential surveillance system exit great differences, eventually survived in the debate, residential surveillance system in2012criminal procedure law to modify the criminal procedure law in96after the retained the system once again but make it significant changed.New criminal procedural law will separate the residential surveillance and the applicable condition of bail, residential surveillance system will be positioned to reduce the alternative measures of custody, establish its independent value, but the new law specified in article73of the dwelling place of residential surveillance system caused widespread discussion and a lot of concerns. The stipulation of the residential surveillance should be implemented in the habitation of the criminal suspect or defendant, the person who has no fixed residence, can be carried out in a designated place. For the alleged crime, terrorist activities endangering state security crimes, especially serious bribery crime, may inhibit the investigation of execution in their residence can also be carried out in designated residence approved by the people’s procuratorate or public security organ at the next higher level. However, should not designate in detention places, the special working place..Designated place to residential surveillance is not a new concept, but the modified designated place to residential surveillance system on the basis of the original make great changes, including the change of the applicable condition, the applicable scope of the expansion, and new regulations on notify the family members, the sentence as questions and so on. Many scholars point out that there have contradiction between the reduce detention of designated place to residential surveillance, residential surveillance and improve the rate of custody of the legislative orientation. And if improper rules appeared in the system will violate the human rights of criminal suspects, defendants, more scholars pointed out that the emergence of the system is backward for legislation and worried about the future of designated place to residential surveillance.Since the new law carried out on January1,2013, we really should admit that the applicable situation of the designated place to residential surveillance is not optimistic, the reason is that the new law for the regulation of the system is still too humble, low maneuverability, case-handling organ has no ideas about the execution of the designated place to residential surveillance system. So the author thinks that in the present study of residential surveillance system for the system is of great significance to correctly understand and execute. In this paper, a total of33000words, is divided into five parts. The first part, first of all, from the concept of designated place to residential surveillance, the necessity of existence and rationality, positioning system and its related concept of analysis of this paper expounds the general situation of the designated place to residential surveillance; The second part mainly introduces the four countries of similar compulsory measures including Germany’s the stay of execution of the warrant, Italy’s with the arrest, French’s judicial control and Russia’s residential surveillance system; compared with the1979,1996and2012criminal procedure law discusses the change of legislation in the designated place to residential surveillance system then analyzes the problems existing in the designated place to residential surveillance system in applicable:from fuzzy law rules to specify the residence problems in the execution of residential surveillance system, to the provisions of criminal suspects, defendants’rights to the deficiency of the for the system of supervision; The forth part is to solve the problems during the fourth part puts forward and suggestions for perfecting the designated place to residential surveillance system; The fifth part is conclusion.