Font Size: a A A

Analysis Of Problems On The Residential Surveillance System With Designated Residence

Posted on:2015-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:A F LiuFull Text:PDF
GTID:2296330467965466Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Residential surveillance is one of China’s criminal enforcement measures,witch is also a compulsory measure that judicature institution should limit theirpersonal freedom to ensure the smooth conduct of criminal proceedings againstsuspects according to the Code of criminal procedure. The applicable rate ofresidential surveillance is very low, due to various reasons. The current “Code ofCriminal Procedure " have made a new reform to residential surveillance system,create The Residential Surveillance System With Designated Residence,for thedemand to the investigation and reduction of custody. In order to achieve thelegislative purpose of detention which could reduce application of custodialmeasures by use of The Residential Surveillance System With Designated Residence,we not only needs to study the System at the legislative level, but also to focus onpractical aspects of the implementation of this system. We should analyze theexisting problems, improve the relevant system, overcome obstacles and achievelegislative intention assigned the Residential Surveillance System with DesignatedResidence, by observing implementation of residence residential surveillancesystem.This article is composed of the introduction and body, Text is divided into threeparts.The first part discusses nature and function of the residential surveillancemeasures with designated residence. From the aspects of the applicable conditions ofthe residential surveillance system with designated residence, the limitation of theright to meet with a lawyer, and offsetting against the prison term and the execution,The Residential Surveillance measure With Designated Residence are differentfrom the other five, which is closer to nature of mandatory custodial measures.Comparing to the custodial nature of mandatory measures, The ResidentialSurveillance System with Designated Residence would better protect the suspect, thedefendant’s freedom and human rights, reduce the infraction of suspect anddefendant, better reflect the purpose of the investigation. The ResidentialSurveillance System with Designated Residence has achieved its custody onalternative measures of legislative intent in a degree.The second part is the empirical study on The Residential Surveillance System with Designated Residence. We have understood the being problems of TheResidential Surveillance System With Designated Residence,by inspecting theprocurator organization applicable situation of The Residential Surveillance SystemWith Designated Residence in C City,there are mainly five aspects: First, thereexists a phenomenon that the Residential Surveillance System With DesignatedResidence is be alienated to detention measures by investigators in the judicialpractice, which is against the legislative purpose that does not belong to theirdetention nature mandatory measures. The second is in the approval process, TheResidential Surveillance System with Designated Residence exists some problems,for example short processing time, narrow scope of review, inconsistent body ofinvesting instrument and evading review. Third, in the process of implementation,the public security organization is lack of activity. The public security organs wouldnot well implement the measures of The Residential Surveillance System withDesignated Residence, due to limitation of resources and police force; what’s more,there exist a hidden danger to the legitimacy of investigative activities and evidence.Fourth, the rights and logistical support is not perfect. On the one hand, the bodysecurity and right of the suspect are not guaranteed, who is taken measure of TheResidential Surveillance System with Designated Residence; On the other hand, thefunds are not indemnified for the application of the Residential Surveillance measureWith Designated Residence. Fifth, the lack of supervision and restraint mechanisms.Internal approval is lack of external supervision, the necessary examination takes toolong, people who are taken the Residential Surveillance measure With DesignatedResidence can not be relieved opportunely, and it makes the existing monitoringrequirements be decoration.The third part puts forward recommendations of the Residential SurveillanceSystem with Designated Residence. We should take appropriate improved measuresto ensure the correct implementation of the Residential Surveillance System WithDesignated Residence as a whole,against the practice problems of The ResidentialSurveillance measure With Designated Residence.First, ensure the applicableconditions of the Residential Surveillance With Designated Residence, clarify itsnature which is different from custody and non-custodial nature, closer to themandatory measures.we should explain the words of The Residential Surveillancemeasure With Designated Residence,that are "no fixed residence "" handling thelocal district and county "," impede the investigation "," meet the conditions of arrest "and other words,and avoid the application of mandatory measures widely.Second, make the approval procedures strictly, strengthen the power to control andexpand the scope of the review, define the clear standard of review, in order toensure that The Residential Surveillance measures With Designated Residence willnot be abused. Third, build up coordination mechanism of implementation betweenthe public security organization and procurator organs.The two agencies cancommunicate and coordinate on the aspects of perform person, place, fees, in theprocess of implementation.Persist to the mainly implementation body for the publicsecurity authorities. Protect the rights of criminal suspects, get evidence legally.Fourth, clarify the location and scope of implementation activities, the prosecutioncan establish regional execution venues, unifying with related facilities, specifiedresidence should be suitable to living conditions, where is not allowed to interrogatesuspects. Fifth, establish system of supervision and relief, build a case filingprocedures, detail supervision of content, take measure of synchronized audio andvideo recording whole, supervise the Residential Surveillance with DesignatedResidence during the entire execution.Taking measure of The ResidentialSurveillance with Designated Residence wrongly should be included to the range ofnational compensation to compensate for the personal damage.
Keywords/Search Tags:The Residential Surveillance with Designated Residence, mandatory measures, crimes, execution
PDF Full Text Request
Related items