The Criminal Of Residential Surveillance System Of Legal Metrology

2012"Criminal Procedure" for the second amendment, the amendment in terms of breadth and depth, are the construction of the criminal law has a significant role in promoting. Among them, the amended criminal coercive measures in the penal system of residential surveillance is a more interesting one amendment hotspot. According to China’s Criminal Procedure Law, the so-called criminal residential surveillance system refers to the public security organs, people’s procuratorates and people’s courts in criminal proceedings, in accordance with the conditions prescribed by law ordering the suspect, the defendant shall not leave the residence or the specified fixed Home and comply with statutory obligations and its effective monitoring by electronic monitoring, unscheduled inspections, traffic monitoring, etc., of his personal liberty shall not exceed a limit of six months of compulsory measures. Criminal residential surveillance system and criminal detention, arrest and other criminal detention different kind of coercive measures, criminal residential surveillance system as a non-custodial coercive measures has its irreplaceable role, legislation respecting and guaranteeing suspects and China, the rights of the accused principle is consistent. Our criminal residential surveillance system has undergone a process of development. In the democratic revolution, the revolutionary base areas restricted basis in reality and material conditions, it does not have a large number of detained suspects, ability, then accused the Central Government of the Chinese Soviet Republic in accordance with the reality of the creation of this measure residential surveillance. Anti-Japanese War and the liberation war, the Border Region Government and the Government of the liberated areas from consideration the prevailing circumstances and conditions, to inherit and carry forward the kind of criminal coercive measures. After1979,"Criminal Procedure Law" and the1996"Criminal Procedure Law" changes, January1,2013the formal implementation of the new "Code of Criminal Procedure" residential surveillance was again confirmed legislation.My review of large number of documents and academic works, research disputes criminal Surveillance Housing System Abolition of other issues, the use of comparative analysis, dialectical analysis, historical analysis and the corresponding logical reasoning and other methods, about the criminal residential surveillance system in theory The focus of controversy and problems encountered in the judicial practice, from the analysis of the historical evolution of Criminal residential surveillance system to start, and then compare the extraterritorial legislative experience of other countries and regions, analysis of the criminal legislation residential surveillance systems and enforcement problems and their causes, from the criminal residential surveillance system "degree","quantity","value" three levels to understand, and ultimately, to draw the criminal innovative residential surveillance system "degree","quantity","value" of the findings:" degree "that system, there is no perfect system design there can be no basis for the existence of residential surveillance system;" quantity "that system, comprehensive and interlocking system is set up a system to monitor living soil;" value "that checks and balances, a system can not exist any conflict not only between the various measures, and must ensure that the measures to balance each other.