Research On The Residential Surveillance System

Residential surveillance measures as an alternative to arrest and release on bail of complementary measures, has positive significance in safeguarding human rights, judicial economy and improve the system of penal and other coercive measures. Our residential surveillance system fortune in the New Democratic Revolution, in 1954, "People’s Republic of China arrest detention regulations," the first time provisions concerning residence supervisor, then our residential surveillance system after 1979,1996,2012 Three Criminal Procedural Law’s perfect, has made a great progress. The current Code of Criminal Procedure residential surveillance application conditions for the implementation sites, execution supervision, set off against the sentence and other aspects of the sound. However, its existence in the legislative part of the legal concept of the provisions of vague legal provisions on monitoring design is simple; the lack of monitoring aspect is the issue of people living right relief of content. In addition, the author through research and interviews found that there is a problem under surveillance applicable rate, do not standardized, fixed residence supervisors and other aspects of implementation difficulties reside in the judicial practice. The author tries to explore the legislative history and background of Supervisors live system, to reflect on the current social context of Supervisors should be how to improve the living system. In addition, extraterritorial criminal coercive measures prescribed under residential surveillance, although less directly coercive measures as a criminal regime, but in the national criminal enforcement system, many of them play a similar role in the system, such as the UK, Italy, resident arrest system, Taiwan’s restrictions residence system, etc., and therefore, by extraterritorial similar system and our supervisors comparative analysis of living systems, can provide useful lessons to improve our residential surveillance system. However, when drawing similar systems outside of, can not simply take ism, but should go to their slot meal essence, combined with China on the basis of current legislation and judicial practice, reasonably learn from the advanced experience of extraterritorial legislation similar system, make recommendations to improve our residential surveillance. Therefore, through the extraterritorial similar system and our country Supervisors comparative analysis of living systems, can provide useful lessons to improve our residential surveillance system. However, when drawing similar systems abroad, can not simply take ism, but should go to their slot meal essence, combined with China on the basis of current legislation and judicial practice, reasonably learn from the advanced experience of extraterritorial legislation similar system, make recommendations to improve our residential surveillance. I believe that a good legal system, it should first be determined, therefore, controversial legal concept should be clear to the regime; secondly, it should be set up to improve the inspection mechanism to ensure justice in a visible manner exercise; again, when the rights of people under surveillance have received damage, to seek ways to provide relief should be for, and provide state compensation mechanisms corresponding. Finally, it should optimize the execution of residential surveillance, so that the implementation of residential surveillance more operational, to play a fuller role in the judicial practice.