Desingnated Home Residential Surveillance Study

The supervision of residence exists between the guaranteed pending trial andthe arrest of two kind of coercive measures is a more eclectic compulsory measure,In the existing judicial practice,the application and attention is slightly inferior to theguaranteed pending trial and the arrest, but the newly revised "law of criminalprocedure" for its "designated home" this modifier to separate special restrictions,thecompulsory measures put to the frontier study of judicial theory, practice, caused themajority of scholars, judicial justice practitioners to develop their existence, scienceproduces mixed dispute.The Supreme People’s Procuratorate has repeatedly stressed"be good at use, use caution", in the new revised "the people’s Procuratorate rules ofcriminal procedure" make detailed provisions,it suggests that the compulsorymeasures implementation should be especially careful in use, otherwise theinvestigative organization may abuse of power, lack of respect and protection ofhuman rights will become a major problem.In the first part of this paper, research on basic theory of residential surveillanceof residence,trying to explain the concept and characteristics, and from thedistinction between residential surveillance and analysis the practical significance ofits existence.In the second part of this paper,study on application of residential surveillanceconditions, and the process of the application procedure of condition andsupervision,respectively from the aspects of its applicable condition, essentialcondition, special conditions and the legal supervision so as to carry out in-depthstudy,analyses the essence of the applicable way problem exists due to the laws of nodetailed.In the third part of this paper,to make the legislation perfect suggestion in orderto defined the "permanent residence"and "home".Trying to supervise the power ofdecision,supervise the implementation process,put forward ideas on legislationperfection,and looking forward to perfect the procuratorial organs’s supervision andrestriction mechanism, to ensure that the supervision does not lack.Chose the topic tostudy because it can better grasp the use of residence specified residentialsurveillance and supervision in the procuratorial practice,an better play the role ofthe advantages the residence of residential surveillance system in theapplication,Standardize the judicial staff’s the level of law enforcement.In order tothe compulsory measures to properly apply in practice, truly punishing crime andguarantee human rights.