Improve The System Of Designated Home Residential Surveillance Study

Criminal Procedure Law of the People’s Republic of China affected fromJanuary1,2013has modified its original compulsory measures’ part, and the concernfocus of this modification is the72nd provision which provides the designatedresidential confinement. Under the circumstances that the system of the residentialconfinement seldom used and urgent willingness to abolish the system of theresidential confinement, written the designated residential confinement into CriminalProcedure Law without doubt triggers debates of existing and abolishing for theresidential confinement and the designated residential confinement. After studyingcompulsory measures’ part of the new Criminal Procedure Law, we come up withhuge doubts about the setting of the designated residential confinement. Thereforethere are voices of opposition from the very beginning. People have different opinionsas to whether the designated residential confinement belongs to the sixth compulsorymeasure or is the special form of the residential confinement. People have differentunderstanding as to the nature of the designated residential confinement, i.e.non-detention or detention alternatives. People also hold different views of theapplication of the designated residential confinement. Despite the doubt, nowadaysthe designated residential confinement has taken into effect for more than one year.As expected, the designated residential confinement is put into a seldom-used position like the residential confinement. There are several reasons for that: People feelunconcern of the system of the designated residential confinement. The system is bornwith defect and people worry that it becomes the legal appearance of detention indisguise. People also concern that the system would harm the rights and benefits ofsuspects and defendants. Nevertheless, every system has its own meaning and thesystem of the designated residential confinement has its own reasonableness andnecessity. The essay attempts from the nature, application status, and framework ofthe designated residential confinement, with the combination of cases in practice andcompare of existing foreign compulsory measures similar to the designated residentialconfinement, to research on improvement of the system of the designated residentialconfinement in China.