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Applicable And Regulation Of Specify The Residential Surveillance

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:X M SongFull Text:PDF
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In March2012, the11th National People’s Congress of the criminal procedure law ofthe People’s Republic of China on the second amendment, residential surveillancecompulsory measures part also had significant changes, especially increased the designatedhome residential surveillance measures, become another bright spot of our country’sjudicial reform. A few days ago in the judicial practice in our country, be subjected toresidential surveillance of coercive measures applicable rate is low, will appear in theprocess of apply disguised detain suspects and defendants, and many other shortcomings,has been for years legal science of residential surveillance system there is a theory of"transformation" and "theory of the abolition of the" two opposing points of view. Changesto the criminal procedure law of the adopted the theory of "transform" point of view, and inthe residential surveillance scope, applicable conditions and usage, and so on has carriedon the detailed rules, and increases the rules of designated residence to residentialsurveillance. The new rules also caused the wide attention from all walks of life. To protectthe human rights of criminal suspects, and effectively prevent the investigation organ asabuse of power, this paper studies the new points in the revised implementation as thebackground, on the basis of the applicable condition of residential surveillance, execute thespecified dwelling places and execution method, how to ensure designated residenceresidential surveillance of the legitimate rights and interests of criminal suspects anddefendants, and how the people’s procuratorate supervise designated home residentialsurveillance and other issues were studied, to seek in the judicial practice can not onlyrealize specified residence residential surveillance legal function, and measures to preventthe alienation for custody. Hope that through this study analysis the specified residential surveillance system exist shortcomings and the direction in the future to further improve.
Keywords/Search Tags:Specify the residential surveillance, Criminal procedure law, Compulsory measures, Human rights protection
PDF Full Text Request
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