Applicable Study Of Residential Surveillance At Designated Residence

The criminal procedure law of 2012 stipulates clearly residential surveillance at designated residence. Not only that, the law also expanded its applicable types.Residential surveillance at designated residence is no longer limited to use only when defendants without fixed residence. It also used in three specific crimes in order to guarantee criminal procedure smoothly progress.Because of the absence of legislation and less practice, residential surveillance at designated residence has not been concerned by scholars and the public for a long time. By this revision, residential surveillance at designated residence has caused extensive concern. Intense controversy about residential surveillance at designated residence illustrate value of theoretical research.Not only that, The criminal procedure law of 2012 also regulate the execution place of residential surveillance at designated residence,the legal obligation of the accused,the legal effects of residential surveillance at designated residence.On the basis, we may have a better grasp for residential surveillance at designated residence.As a compulsory measures with Chinese characteristics,residential surveillance at designated residence can be found in the criminal procedure law of 1979.Residential surveillance at designated residence,from "infer" in the criminal procedure law of 1979 to "expressly establish"in the criminal procedure law of 2012, reflects its "road of china". The evolution of legislation can help us to look at the problem with the view of development, to deepen the understanding of residential surveillance at designated residence.In addition,considering the attribute of compulsory measures and the status in system of compulsory measures,we find residential surveillance at designated residence has security value, the value of the human rights and the value of criminal policy. This is introduction of the overview about residential surveillance at designated residence.The legislation has made major adjustments to residential surveillance at designated residence,but there are still many questions hinder the accurate application.Whether residential surveillance at designated residence has become "sixth kinds of compulsory measures" in criminal enforcement measures system.How to understand and identify the range of "designated residence".Whether the administrative decision procedure is appropriate with the intrusiveness of personal freedom.How to reasonably allocate execution power and reduce execution cost.How to improve the supervision and relief in residential surveillance at designated residence.Through theoretical analysis and logic reasoning, this paper tries to answer the above questions and reveal the development direction of residential surveillance at designated residence.In the scope of application,there are "two levels" and "three kinds of situations".We must accurately grasp the essential differences between home residential internal type of residential surveillance at designated residence. In the implementation place, it should explain the concept such as "permanent residence", "designated residence". In the decision-making process, we should establish a judicial decision procedure, to enhance the scientific nature of decision.In the implementation power allocation and execution means,we should optimize its execution power allocation through the use of diverse execution measures,to reduce the cost of residential surveillance at designated residence. In the supervision and relief,we should strengthen the procuratorial supervision through a variety of channels.Besides,we also should strengthen human rights relief through measures such as national compensation mechanism.