Study On Residential Surveillance System In China

In China's criminal coercive measures system,residential surveillance system is a very China characteristic system,criminal procedure is "perfect our country's current system of compulsory measures is the key link of.2012 in the newly revised" the full range of modifications to residential surveillance,related to the applicable conditions,residential surveillance decision subject,implementation the main place for the implementation,the implementation period,allowance of sentence content,the scope of the amendment shows legislators have made a perfect system of residential surveillance,will make a relatively clear division of the applicable conditions of bail,residential surveillance is no longer a bail "auxiliary substitute",and In the framework of criminal coercive measures "ladder type growth mode" with independent space for survival and development.After modification of the residential surveillance system has been in operation in the judicial practice in China for nearly four years,as one of our country's criminal coercive measures,although played a certain role in the punishment of crime and protection of human rights,but the low application rate,executive subject vacancy occurs frequently in the process of application,problem of disguised detention.In practice based on the existing problems,the author intends to analyze the residential surveillance system general theories and analysis of the implementation status of China's surveillance system,and slightly introduced three representative countries with relevant laws and regulations,put forward perfect.According to the suggestion of the living system,we hope to have some theoretical guidance for the gradual development of our country's residential surveillance systemThis paper is divided into five parts.The first part is the introduction.The second part is the basic problem of China's surveillance system.Mainly expounds the development situation of residential surveillance,the new law on its new location,expounds the value.The third part is the practical operation of China's residential surveillance system and existing problems.First introduced the status quo the current residential surveillance system,and then introduces the system of modified existing in our current judicial practice problems,such as low application rate,application procedures are not standardized,the lack of effective supervision and so on.The fourth part introduces the related legal system of foreign countries and the enlightenment to China.First introduced in Britain,France,Germany,similar to the system the law Provisions;talk on China's current system of the Enlightenment from two aspects for the purpose and procedure.The fifth part introduces the path of perfecting China's surveillance system.We should change the concept of law enforcement,clear for the purpose;secondly to improve the residential surveillance application,including the expansion of executive body,strengthen supervision means and methods clearly,the residential surveillance period,increase the protection of rights of the residential surveillance and relief;again perfect regulations residence under surveillance,including further specifies the applicable conditions of residence under surveillance,further define the specified applicable place residence under surveillance,clear "permanent residence" Meaning,clear the specific content of the duty of notice;the last is to improve the supervision mechanism...