Designated Home Residential Surveillance System Research

In January 1,2013, the newly revised criminal procedure law was implemented. The newly revised criminal procedure law provides for the designation of residential surveillance system. In the process of asking for advice on the revision of the criminal procedure law, the designation of the residential surveillance has been criticized by experts and scholars and practitioners, and there are many problems in the judicial practice. Therefore, it is necessary to make a systematic study of the residential surveillance system. Because, the designation of residential surveillance is at least a mandatory measure of personal freedom, but also has the nature of quasi detention. In the specified in the residential monitoring the implementation process may existing disguised detention or torture and other violations of the criminal suspect or the defendant person rights phenomenon occurred. Study and correct application of the designated residence is conducive to the protection of the criminal suspect or the defendant's personal rights, in line with the new amendments to the criminal procedure law "respect and protect human rights" spirit. Based on their judicial practice, through the investigation of foreign similar specified residence surveillance system of living and our country residential surveillance system development history, to monitor residence specified living in the problem and the proposed suggestions.This paper is divided into four parts. The first part through overseas study similar designated residential monitoring system, learn foreign countries and regions designated residential monitoring system of the advanced achievements to in the future improvement of the system of surveillance with designated residence transform utilization. In the second part, through reviewing the historical development of the residential surveillance system in our country, it is found that the great progress has been made in the residential surveillance system. The third part is about the problems of the residential surveillance system. The author from the related concepts is not clear, applicable conditions and inaccurate accusation, designated residential monitoring and enforcement of decisions and weak supervision as well as the designated home monitoring of residential and lack of relief ways and so on several aspects of the existing problems are discussed in this paper. The fourth part is the suggestion of improving the residential surveillance system. In the one one part, the author puts forward the countermeasures to solve the problems in the third part.In this paper, the author puts forward some innovative suggestions for the problems in the residential surveillance. For example, in view of the current situation of supervision and lack of supervision of the designated residence to monitor residential decisions and execution, the author proposed the idea of two steps. First of all, by specifying the residence of residential surveillance and the implementation of the decision to establish a working mechanism between the organs and the supervision authorities, so that the designated residence to enter the scope of supervision. Then, by amending the law to make the decision and the implementation of the residential surveillance live in accordance with the mode of judicial review to accept the supervision of the supervision organ.