Improvement Of The System Of Residential Surveillance

As an important part of Chinese compulsory measures, the system of residential surveillance plays a very important role in the protection of criminal lawsuit activity smoothly, protecting the legal rights and interests of the criminal suspect or defendant. In 2012, the criminal procedure law for the system of residential surveillance was improved, mainly in the clear its own suitable conditions, the properties of the relocation, etc., embodies the progressive. However, after nearly three years of practice, the system of residential surveillance is still showing some shortage, such as the system of residential surveillance alienation as "alternative" detention, the criminal suspect or defendant "secret missing". This article mainly through to the system of residential surveillance ought to be stated compared with reality condition, points out that the system still exists problems in the practice, then proposes the concrete perfect Suggestions to solve these problems.This article is divided into four parts. The problem is put forward in the first part, through to the system of residential surveillance should be stated compared with reality condition, put forward the problems which need to be perfected in the future. Theoretical analysis on the system of residential surveillance is in the second part, the system of residential surveillance is introduced mainly from the legislative purposes, the definition, legal attribute, the principle of limit. The application of the system of residential surveillance need to be perfected in the third part. Firstly, through to comparing with obtaining a guarantor pending trial and arrest system, the apply space of the system of residential surveillance is concluded, namely the "middle ground" between obtaining a guarantor pending trial and arrest system. Secondly, indicates and analyzes the applicable condition of the system of residential surveillance, then points out the problems that may be in their application and puts forward perfect Suggestions. Thirdly, points out the applicable circumstances of specified residence residential surveillance, then explains and analyzes them. Fourth, through to explaining some concepts such as the fixed place, the designated home etc., puts forward improving suggestions on suitable locations. Fifth, on two aspects of optimizing the decision process and specification the notice obligation of enforcement agencies, puts forward improving suggestions on aspects of applicable procedures and protecting rights. Sixth, based on restricting the monitoring methods and monitoring content, puts forward improving suggestions on the implementation methods of the system of residential surveillance. Perfecting the supervision of the system of residential surveillance is in the fourth part, puts forward improving suggestions from supervision main body, supervision content, supervision procedure and setting up a perfect remedy mechanism four aspects.