Analysis On The Construction Of Enforcement Supervision System For Residential Surveillance With Designated Residence In The Investigation On Crime By Taking Advantage Of Duty

Since the implementation of the amended criminal proceedings law in 2013, the application of compulsory measures for residential surveillance with designated residence has become the focus of academia and judicial circle. As for the application of compulsory measures in the investigation of crime by taking advantage of duty, some opinions hold that such compulsory measures is easy to cause disguised detention, and extorting confessions by torture, which will infringe the basic human rights of the person under residential surveillance while other opinions hold that such compulsory measures will be conducive to the investigation of crime by taking advantage of duty by the procuratorial organs, and effectively resolve the problems of inadequate period for investigation and evidence collection and restriction on investigation means in the past. The author holds that under the present judicial environment in our country, retaining compulsory measures for residential surveillance with designated residence has its necessity and rationality and it requires our exploration into how to play its own functions and reflect its own value. The unsound relevant legal system for such compulsory measures lacks powerful norms to guide judicial practice, resulting in a chaos in the application of such compulsory measures by the procuratorial organs. Some procuratorial organs promulgate relevant detailed rules and regulations, some organs exercise adaptive provisions in the enforcement and even distort the legal spirit of the clause, causing large operating space in the practice. Restricted by political economy, rule of law and judicial personnel diathesis, the supervision system for the compulsory measures often becomes the most easily overlooked in the practice of the compulsory measures, and has the problems of lack of supervision legal building, weak supervision awareness and formalized supervision exercising form. The improved supervision system for the compulsory measures will be conducive to strengthening restriction and specification and resolving the possible basic human rights protection crisis behind it.This paper begins with the application of the compulsory measures by the procuratorial organs in the investigation of crime by taking advantage of duty and only takes the supervision system for the enforcement of the compulsory measures as the research target. This paper is composed of four parts.Part One summarizes the application of compulsory measures for residential surveillance with designated residence in the crime by taking advantage of duty, makes comparison with other compulsory measures and makes comparative analysis on the characteristics and essential attributes thereof.Part Two analyzes the enforcement of application of compulsory measures for residential surveillance with designated residence in the crime by taking advantage of duty and analyzes the status quo of supervision subject, supervision target, supervision contents and supervision measures of the enforcement of supervision system in the judicial practice.Part Three detects the problems in the application of compulsory measures for residential surveillance with designated residence in the crime by taking advantage of duty from the perspective of enforcement supervision subject, object and external environment of the compulsory measures. In the detection of the problems in the application of this system, this paper abandons the list of the problems therein, and reviews its defects from top to bottom from the perspective of supervision system itself.Part Four analyzes the problems in law, system and mechanism of supervision system, hoping to better and more comprehensively reflect the deep institutional obstacles of the problems of the compulsory measures in the supervision.Part Five proposes improvement measures for the enforcement supervision system for residential surveillance with designated residence in the crime by taking advantage of duty from the perspective of enforcement supervision subject, objects and external environment building.