Study On The Application Of Designated Residence Monitoring And Residential Measures

On March 14,2012, fifth session of the 11th National People’s Congress examined and through the amendment to the criminal procedure law, the law on January 1,2013 formally implemented. This points to modify the content mainly involves human rights safeguard and defence, evidence, compulsory measures, investigation measures, trial, execution, special procedure, from nine aspects, such as litigation supervision, Based on the crime and protecting human rights and legal concept. Among them on the residential surveillance measures of compulsory measures for major revisions. On the system design intention, the standing committee of the National People’s Congress vice chairman wang zhaoguo in the about< the draft amendment to the criminal procedure law of the People’s Republic of China> the statement stressed:"Will be subjected to residential surveillance aimed at reducing custody of alternative measures".The law article 73 paragraph 1 of the procuratorial organs in investigate duty crime can be applied in the specified place for residential surveillance, especially serious bribery crime and no fixed place of duty crime. Academic circles hold different views on this regulation, but the measures for positive results have been achieved. With the increase of anti-corruption efforts in recent years, the specified residence compulsory measures play an important role in the duty crime investigation and obtain good effect. But in the process of apply, also faced many problems. For current points but on the macro specifies the applicable conditions, methods, procedures, supervision and so on, and there is no specific on how to operate. The procuratorial organs in order to their own needs in case will not abuse of power, will not infringe upon the legitimate rights of criminal suspects, apply when required technical conditions and the cost price is too high, how to solve. The legislative intention and the actual operation of the the measure effect is different, the difference is how much, whether has evolved from the legislation original intention to disguised detention behavior, during the period of the criminal suspect’s statement and plea evidence of qualitative. How to relief when criminal suspects legitimate rights violations, assign the appropriate mandatory for home residential surveillance how to grasp, And how to regulate the behavior of the judicial organs and the judicial personnel, and let the designated home residential surveillance measures in the judicial practice can really play to utility, is worth us thinking and research.Designated residence, residential surveillance measures in-depth research, help to correctly understand and apply the system to effectively play its due effect such as alternatives to custody, have the effect that the value of theory and practice. In this article the author from the Angle of procuratorial organs is the measure of the legal design intention, the analysis of existing value, application status, etc, in order to form a further refine and perfect scheme, this scheme can both give full play to the designated home residential surveillance effect of judicial practice, and can effectively regulate the behavior of the judicial organ law enforcement, to prevent torture or disguised detention anomie phenomenon such as law enforcement, protect the legitimate rights of criminal suspects and realize the balance of the legal effect and the human rights protection.