A Survey Of The Public Security Organ To Residential Surveillance

The use of residential surveillance system in China, has a positive effect on carrying out the criminal lawsuit activity smoothly、reducing the rate of pretrial custody; what’s more, it can also implement the purpose of humanistic care and the protection of human rights. However, influenced by many subjective and objective factors, this system exposes and hides a lot of questions in its applying. The author uses empirical analysis and form such as access to applicable situation of residential surveillance system in the public security organ has carried on the empirical investigation, on this basis, mainly in C city B area of the public security organ in the first half of 2010-2014 and F city C area of the public security organ in 2011-2014 in the first half of the present situation of residential surveillance operation are analyzed. Trying to find out the problems through this survey, then analyze the reasons, and puts forward suggestions, in order to make it beneficial to residential surveillance system and the reform of the judicial practice in China.This report is divided into three parts.The first part is the basic situation and main characteristics of investigation about C city B area of the public security organ and F city C area public security organs to residential surveillance system.Based on the applying of the case of residential surveillance system, the situation of the applicable conditions, the execution place, people under residential surveillance obey the rules, residential surveillance monitoring, the author found it mainly has the following characteristics in residential surveillance application : first, the applicable residential surveillance is greatly influenced by the Criminal Procedure Law. Second, the applicable rate of residential surveillance has increased since the modification of the Criminal Procedure Law. Third, the implementation of monitoring residents suspected of the crime of type is relatively stable. Fourth, the proportion of residential surveillance is bigger if it is needed to the case. Fifth, after the enforcement of the new law,the execution place illegal phenomenon is improved, but the problem is salient beyond the specified residence to residential surveillance. Sixth, people under residential surveillance are not always obey the rules. Seventh, the staffs usually staring at the people under residential surveillance,but in fact, it is more useful if we are able to use other monitoring methods.The second part is the analysis of the main problems and reasons occur in the process of residential surveillance.Through the data from the survey and interview, the author found the problems of residential surveillance system is mainly reflected in:(1) the rate of the applicable to the residential surveillance is low and the effect is poor.(2) the residential surveillance applicable situation is easy to be abused.(3) the enforcement of illegal phenomenon is more prominent, especially in illegal execution place and illegally taken different ground of specified.(4) executing organ dislocation phenomenon is more serious.(5) residential surveillance monitoring methods are too single.(6)the applicable to residential surveillance faces multiple risks. And all these problems are due to subjective and objective factors, the author summed it up as follows:(1) the subjective reason. The human rights consciousness of the staffs is still underdeveloped and the judicial practice exploration ability of law enforcement personnel is insufficient.(2) the objective cause. Objectively, it embodied in the law enforcement cost is higher than other measures, imperfect legislation, operating difficulties and residential surveillance mechanism is not sound these three aspects.The third part is mainly about suggestions on how to improve residential surveillance measures. The author has carried on the response to the “abolition view”, and hopes to improve the system of residential surveillance constantly through the following ways, to make it play as the value of the alternative measures of custody and efficacy:(a) implement relevant regulations strictly, in accordance with the implementation of law enforcement activities. This requires enforcement agencies and its investigators in judicial practice: 1, strictly limited residential surveillance "out" applicable conditions; 2, strictly implement the program rules for the criminal cases handled by the public security organ, a "home"; 3, in strict accordance with the regulation performance of the residential surveillance "notification obligation".(b) strengthening the procuratorial supervision mechanism, prevent the enforcement illegal phenomenon.(c) perfect the remedy mechanism of power, truly implement the rights.(d) increase the law enforcement resources, promote the investigators accomplishment.