Monitoring Studies Assigned Residence Housing Problem

Assigned residence residential surveillance is a specified criminal coercive measure that when the suspect or the defendant has no fixed residence or suspected of endangering national security crimes, terrorist crimes, particularly significant bribery, residence execution may hinder the investigation, and approved by the people’s Procuratorate or public security, in a residential home for surveillance. Assigned residence residential surveillance on certain types of cases with other criminal enforcement measures applicable incomparable superiority to optimize the system of non-custodial coercive measures and to achieve equality of justice may be provided, but subject to the constraints of material conditions, misunderstanding the concept of multiple factors enforcement, inadequate legislative status quo, assigned residence under surveillance in judicial practice is likely to face generalization applies, irregular execution, become a disguised form of detention and other law enforcement dilemma. The legislative interpretation of residence residential surveillance should be based on power "Evil" default to regulate the enforcement authorities. Explicitly specify the applicable residence residential surveillance is the sticking point, the applicable conditions should be clearly defined "fixed residence" and scope of specific categories of cases. In foreign advanced systems and concepts of the premise, and the perfect place to monitor the relevant provisions of the applicable means to prevent violations disguised detention and excessively violate people’s privacy. Prosecutors play a supervisory function effectively, a comprehensive monitoring mechanism consists of filing mechanism、dynamic monitoring mechanism、internal oversight mechanism and the need for censorship. The procedural improvements, such as the sanctions regime, the State Compensation Law and other related ancillary systems also ensure the proper meaning assigned residence under surveillance in practice standardized execution. In foreign advanced systems and concepts of the premise, and the perfect place to monitor the relevant provisions of the applicable means to prevent violations disguised detention and excessive abuse of power is monitored live person privacy. Prosecutors play a supervisory function effectively, it is necessary to establish a comprehensive monitoring mechanism from four aspects filing mechanism, dynamic monitoring mechanism, internal oversight mechanisms and necessity Review Mechanism. The procedural improvements, such as the sanctions regime, the State Compensation Law and other related ancillary systems also ensure the standardized execution.