Reaserch On Residential Serveillance Application By Prosecutor

Residential surveillance in designated residency is an important addition to the new Criminal Procedural Law of 2013, and the provisions are more detailed than the residency surveillance regime. For the prosecution, this regime is suitable for dealing with cases which is suspected of being involved with significant bribery. It can not only make break through the investigation of the case to solve the problem of lack of obtaining evidence time, but also highlight the important role that guarantee the basic rights of criminal suspects. However, in the judicial practice, some scholars believe that there will be abused phenomenon when apply the residential surveillance in designated residency action and it is easy to breed some violations of the personal rights of criminal suspects and even it becomes a disguised form of custody. Therefore, it is not recommended to popularize. As a new provision, it will inevitably generate some problems in the operational level, mainly reflected in the inadequate application of the standard, the implementation is not strict enough and the prosecution is not in place, etc., for solving these problems, we should establish the correct philosophy for law enforcement, strengthen the cooperation with related departments and strengthen the legislation procedure, etc. Only in this way, it can improve the quality of handling the case when correctly apply the criminal coercive action, and at the same time, it can achieve the purpose of respecting and protecting of human rights, and then to achieve the procedural justice.