On The Improvement Of The Residential Surveillance System In China

The residential surveillance system has always been controversial in both thejurisprudential field and the public. As an important component of the criminalcompulsory measure system in China, the legislation and maritime trial of residentialsurveillance have a vital significance to guide the development of both the criminaljustice system and the protection of human rights. In2012, the residential surveillancesystem was reshaped in the Criminal Law on the basis of improving the operabilityand the applicability. However, due to the unclarity of the criminal and judicialsystem in China at present, there are still several contradictions in the currentresidential surveillance system. The details of legislation and the difficulties injudicial practices are rearranged in the thesis along the path of improving the defectsin residential surveillance system and the ideas of improving the residentialsurveillance system have been further explored.There are three chapters in all: Chapter1has a macroscopic introduction to theconcept, characteristics, value and functions of the residential surveillance system. Itintroduces the important values and irreplaceable functions of the residentialsurveillance system in China’s criminal justice system, focusing on the combinationwith typical cases in judicial practices. Chapter2analyzes the current operationsituation of the residential surveillance system mainly from a view of judicialpractices. It states the problems in the residential surveillance system from thefollowing aspects: the function variation, the low adoption, the high cost, as well asall the implementation of the limited space, the mismatch in executive body, thenegative factor to privacy protection, and lack of efficient supervision and reliefmechanism. The author puts forward some ideas, especially focusing on the specialproblems in the residential surveillance system which is with high concerns: theauthor analyzes such problems which are liable to cause controversies as the blurreddefinition of permanent residence, the application range which is easy to expand,difficulties in the operation of notification obligation, the lack of deterrence indisciplinary actions, as well as misjudged cases without state compensation. In Chapter3, the author puts forward some ideas of improving the residentialsurveillance system for those problems which exist in the system. First, somedirections and principles are determined from a macroscopic view. Second, severalspecific assumptions combine with the legislation and judicatory practices are raised.It mainly involves five aspects:1. Refine the implementation of legislation from thefollowing respects: the refinement of the execution object, the clarity of the executionplace and the improvement of the execution procedure.2. Enrich monitoring methods.The monitoring effectiveness is optimized in combination with new technical meansand monitoring methods.3. Reinforce the management of those being watched. Therights of those who are being watched are further clarified. The evaluation methodsand principles for them are also clarified. Disciplinary measures are established.4.Establish the supervision system and remedy procedure with clear specifications.5.Put forward some specific assumptions of improving the residential surveillancesystem from such several aspects as the limited range, the refinement regulations, thefulfillment of obligations and the state compensation.The author hopes to find out the problems and underlying reasons of theresidential surveillance system in judicial practices through this paper, so that pathsand methods for improving these systems will be found out from the legislation andjudicatory practices, further to realize the effectiveness of the protection both inlitigation and human rights.