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An Empirical Study On The Specified Home Residential Surveillance Measures For Procuratorial Organ

Posted on:2015-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:H X XiongFull Text:PDF
GTID:2296330467457690Subject:Law
Abstract/Summary:PDF Full Text Request
Assigned residence under surveillance refers to a kind of coercive measure that people who were under surveillance must not leave the specified residence and his behavior is also being monitored in order to limit their personal freedom. The scope, implementation, monitoring and so on of the coercive measure were revised in the2012"People’s Republic of China Criminal Procedure Law", that not only makes the system of criminal coercive measures more scientific and reasonable but also makes the fight against crime more instructive. Currently, there are following five problems of applying this coercive measure in judicial practice.(1) The condition of understanding and applying this coercive measure is difficult to grasp.(2) Execution venues is uncertain and arbitrary.(3) Changing to arrest is relatively random.(4) The effect of execution and supervision is not good. In judicial practice of the application of assigned residence under surveillance, the above problems make the safety and legalization in an indeterminate state, and easy to make compulsory measures "scum hole" of negative comments.The main reason of a lot of blind working spots and practical difficulties is that the law is not clear and there are differences and deviations in the understanding of the law. For this reason, you should change the concept of law enforcement, and improve relevant systems applicable to assigned residence residential surveillance, Including strict grasp the applicable conditions, clear execution venues and implementation, strengthen the implementation of the supervision and oversight of consciousness. Through the improvement of these measures, new situations and problems difficult to grasp can be resolved in judicial practice, guidance can be made in handling cases and the usefulness of the judicial system can be played.
Keywords/Search Tags:residential surveillance, assigned residence undersurveillance, system improvement
PDF Full Text Request
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