Perfection Of The Residential Confinement At Designated Residence System

The residential confinement at designated residence system has gone through a series of historical changes from its generation to its development.In 2012,the criminal law further refined and improved the system's specific application,although the regulated details continuously increased,the revised residential confinement at designated residence system still have various problems which should be explored on the legislative clause and practical operation.Considering that the establishment and improvement of the residential confinement at designated residence system is based on residential confinement,the thesis has reviewed its historical evolution from the beginning of the improvement of this system.Talking about the system's status of legislation and judicial practice,we can see that the legal provision is short of the using conditions on "no fixed residence" and the stipulation of the system can be abused by the law enforce mentgency at the legislation level.We are also not sure about the specific provision about the designated residence.In the aspect of judicial practice,the rates of the designated residence have polarized because of the cost and safety.The protection about the person who is designated residence is not enough.The effect of deciding whether the system should be used and the examination and monitoring is not outstanding.This issues are all worthy of our attention.This thesis analyses the problems and reasons about the system at the level of legislation and judicial practice.In consideration of the criminal procedure rules and the demand of noncustodial measures,the thesis puts forward some suggestions.I wish to ensure that the procedure goes successfully,the rights of the person who is designated residence can be protected and the legislative aim of the residential confinement at designated residence system can be accomplished finally.