Residential Surveillance System Under The New Criminal Procedure Law Study

Residential surveillance system as one of the criminal compulsory measures, the criminal proceeding smoothly and supplement of criminal coercive manner role, defending its indispensable status in the criminal justice system. However, along with the rule of law and continuously push forward the process of residential surveillance system, involving violations of human rights issues is increasingly criticized judicial civilization. Therefore, the abolition of residential surveillance system and whether or how to continue to improve and implement, have recently become the focus of disputes.The law of residential surveillance system in major countries around the world in two legal systems in the content, mostly with China’s residential surveillance system is similar to, and most of them are also classified into some concrete measures for implementation. For example,Germany inherited the civil litigation mode, the extended detention system set up under its influence, and the introduction of modern electronic control mode, wear sensor, real-time monitoring. As the Russian criminal litigation system in the case of residential surveillance system, it improved the legal kernel Czarist times, not only set up a criminal proceeding smoothly, also provides for the custody ruling rejected the application, criminal suspects, defendants can appeal,protest or appeal rights, Russia’s residential surveillance the system can not only improve the criminal procedures and relief procedure, but also the protection of human rights, which are Chinese residential surveillance system No.With the continental law system dissimilarity, the Anglo American law system is taking the bail system route. The English bail law inherited the ancient England law during the Anglo Saxon period, and in the legal reform unceasingly in the formation of future bail system, and at the same time in civil protection, maintenance and prevent the evidence with three big functions, build, pioneered the use of "bail Hotel" measures, to ensure better implementation of the bail system. America through a series of bail reform measures, inherited the essence of the British Bail System, and in the domestic refining and reproduction, can be derived from similar provisions in most states, America bail system not only focus on the top of the criminal procedural safeguards, also focus on the lower layer of the defendant crimes save and forgive. To experience these fine residential surveillance system, in our country and promoting the implementation of residential surveillance system, is worth learning.With the2012"Criminal Procedure Law" amendment, the new "criminal procedural law" to the judicial circle of our country put forward to residential surveillance system to continue to recognize and modified proposition. The improved system, from the content to the implementation, from the supervision to guarantee, from specification to open, a full range of improvement the core value of surveillance of residence. This reform, applicable situation refinement of the residential surveillance system, the surveillance of implementation of places and institutions, increase the system design can commute sentence, strengthening the surveillance of criminal suspects in the control and the protection of human rights. All these measures, has greatly enriched the contents of our residential surveillance,strengthen the legal implementation of residential surveillance system,effectively improving the criminal compulsory measures in our country’s positive image. Of course, the real operating system is how to implement the system, in the face of the residential surveillance system reform party disputes the voice, how this can be done effectively implement the essence of law, is the primary task in front of us. The effective implementation of residential surveillance system, must first from the "concept" to "content" all-round "operation", the law enforcement idea first change the executive, the understanding of criminal compulsory measures from the "monitor" to "supervision",further strengthen the suspect control at the same time, to ensure the effectiveness of surveillance of residence, focus on enhancing the protection of human rights. The second step is to program and content refinement residential surveillance implementation of specific measures, constantly filling residential surveillance system. These are what we should be considered in the implementation of residential surveillance system problems.