The Research On The Legal Supervision Mechanism Of The Residential Surveillance

"Respect and protect human rights" is an important principle established by our constitution,It is written in the 2012 "Criminal Procedure Law".It is an important milestone in the construction of the legal system in our country.However,the criminal procedure law of article 73 of this law concerning the terms of the "designated home residential surveillance" has sparked controversy,Legislative intent of the legislator is to assign residence under surveillance somewhere between bail and detention between arrest and detention to play its reduction effect.However,in the judicial practice,Because of assigned residence residential surveillance lack of effective legal supervision,resulting in gradually reduced to a custodial coercive measures,And in some cases,A serious violation of the human rights of the people being monitored.Admittedly,Resulting in assigned residence under surveillance now this hardship situation.It has its own laws of fuzziness,But more importantly,still stems from its legal supervision mechanism is not perfect.Therefore,this article will focus on the nature of assigned residence residential surveillance for the connotation of legal supervision mechanism,supervision mechanism to build legal sense,legal oversight mechanisms and as a focus,To explore how to improve the assigned residence residential surveillance of legal supervision mechanism,To realize our country criminal litigation purpose to crack down on crimes and protecting human rights,And the final implementation of "respect and protect human rights" constitutional principles.The paper is divided into three parts: The first part outlines the legal supervision mechanism specified residence residential surveillance,The first is an overview of the specified residence residential surveillance,explicitly assigned residence residential surveillance "custodial";Followed by an overview of the legal supervision mechanism designated residence residential surveillance,Mainly related to the concept of legal supervision mechanism,content and significance of the construction of such oversight mechanisms;The second part of the assigned residence residential surveillance legal supervision Mechanism Analysis Practice,This part mainly discusses the legal supervision mechanism of assigned residence residential surveillance problems in the judicial practice and the causes of these problems;The third part discusses how to improve the legal supervision mechanism of assigned residence residential surveillance,In this paper,we should first specification assigned residence surveillance applicable to live,Secondly,judicial review mechanism should be built assigned residence residential surveillance,Finally,we should further refine the content of oversight mechanisms,Including: perfect start,run,and safeguard mechanism assigned residence residential surveillance.