Research Of Designated Place To Residential Surveillance In Particularly Serious Bribery Case

The content of residential surveillance compulsory measure has been significantly changed that it can be applied to the cases which are suspected of being involved in crimes of endangering national security, terrorist activities and particularly serious bribery, according to revised ’Criminal Procedure Law’(hereinafter referred to as ’New Criminal Procedure Law’)which is officially carried out from1st January2013. The modification has not only been the focal point of academic and practical circle, but also been extensively discussed by community. Some jurists criticize this clause in public that the compulsory measures of designated place to residential surveillance could easily result in disguised detain and extortion of confession by torture and human rights of suspect is difficult to guarantee as well. It circuitously adds ’Two Regulation’ policy in law and it is a setback of law. The practical circle, however, generally applaud this clause, who hold the view that this clause contributes to detection of particularly serious cases. The application of compulsory measure, designated place to residential surveillance, is in favor of addressing some problems in particularly serious bribery crime for procurators, such as, limited time of obtaining evidence and confine of investigation.Although the revised ’People’s Procuratorate Criminal Procedure Rules (on trail)’(hereinafter referred to as ’New Criminal Procedure Rules’) has supplemented some detailed provisions for designated place to residential surveillance in particularly serious bribery case, procurators inevitably face a large amount of confusion in this area, by the reason that the clauses are still vague in current New Criminal Procedure Law and matched judicial interpretation is not complete enough. Some practice lead to confusion of application of law since different Procuratorate variously execute this clause and distort the spirit of law or even formulate relevant detailed regulations by themselves.This paper discusses and analyze designated place to residential surveillance, including the overview, comparison of similar abroad system, the reason and value of application, existing problem and improving instruction of particularly serious bribery cases, to look forward to offer reasonable routes for legal practice and to further promote the development and effectively application of this system.