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Research Of The Residential Surveillance In Designated Place

Posted on:2017-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LuFull Text:PDF
GTID:2336330503981673Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the compulsory measures with Chinese characteristic, the residential surveillance in designated place survived in the Code of Criminal Procedure after a heated debate on its existing or abolishing. The new rules to apply this special compulsory measure is changed a lot in the New Code of Criminal Procedure and related judicial interpretation.Even though it is some kind of legislative perfection, problems of its application still exist to be solved. At the beginning of the passage, it tries to comment on the content and rules of this policy and to analyze the reason of the imperfection and troubles met in practice. In order to achieve the aim of this improved policy, the passage gives some suggestions which may do some help to realize its due function and value.There are four chapters in the passage that starts by introducing the general contents of the residential surveillance in designated place including its history, current legislative situation, function and value and so on. Right after the general introduction, the passage discussed the existing legislative problems of the recomposed policy and difficulties faced during its application.The first chapter takes its legislative background as a point of entry to know more about its history and development and sum up its legal attributes by learning what it is. Then its value and meaning of existence is revealed in Chapter Two by three different aspects, whichare its legitimacy, necessity and function in anti-corruption. The next chapter analyzes how it is applied in practice and the problems came out in recent two to three years after its amendment. At last, the passage talks about how to consummate this special coercive measure to make it work as it is designed and the ideas mentioned in it cover the perfection of law and relevant supporting policies.
Keywords/Search Tags:compulsory/coercive measure, residential surveillance, designated residential
PDF Full Text Request
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