Empirical Research On Designated Home Residential Surveillance Applied To The Crime By Taking Advantage Of Office

The revised Criminal Procedure Law added the related systemic regulation on designated home residential surveillance applied to the crime by taking advantage of office,which becomes a compulsory measure between guaranteed pending trial and residential surveillance,detention and arrest in the restriction of the personal freedom.After the promulgation of this system,the designated home residential surveillance applied to the crime by taking advantage of office plays a very positive role in investigating the crime thereby,improving the evidence system for the crime thereby and safeguarding the smooth progress of the investigation of the crime thereby.However,there are a series of disputes and problems of the application conditions and execution of designated home residential surveillance in the judicial practice.As for this,this thesis deeply reviews the application of designated home residential surveillance in the judicial practice,introduces its operation status quo and the major problems,analyzes the dilemma of the system development,proposes the related measures and promotes the effective execution of the system by way of empirical research and from the perspective of procuratorial organs at the basic level.This thesis is composed of three parts,about 24,000 words in total.Part One analyzes the practical value of designated home residential surveillance.This thesis holds that the practical value thereof lies in the following aspects: the first is to reduce the custody of the criminal suspect to a certain extent.Relative to the custody,designated home residential surveillance offers a looser and comfortable trial environment for the criminal suspect and offers more comprehensive guarantee on the legitimate rights and interests therefor.The second is to make up the inadequacy of the compulsory measures,enriching the diversity of the compulsory measures chosen by the procuratorial organs in investigating the crime by taking advantage of office,therefore offsetting the inadequacy of the compulsory measures for the crime thereby.The third is to solve the difficulty in breaking through and obtaining evidence in major bribery crimes to a certain extent.Designated home residential surveillance not only forms powerful deterrent to smoothly obtain confessions but also is conducive to winning the time for handling the case.The fourth is conducive to intensify the determination of the procuratorial organs to record the cases and timely combats the criminal.Part Two makes empirical review on the application of designated home residential surveillance on the basis of practice.This thesis makes empirical review on designated home residential surveillance from the following aspects: the first is to makes the statistical analysis on the application thereof;the second is to select the related real cases to analyze the implementation effect;the third is to emphatically analyze the problems in the implementation.This thesis finds that designated home residential surveillance has the following problems in the implementation: first,there is the expansion and abuse in the application conditions of designated home residential surveillance,including the inconformity with the standards of arrest and ambiguity of the definition of the especially major bribery crime.Two is the concentrated problems in the execution,including the intermingling of execution place and conditions and disunity of standards,the confusion of execution organs,the imperfect implementation of the entire synchronized video recording of the execution place,the difficulty in completely eradicating the safety accident in the execution and the unsatisfactory situation of the lawyer meeting.The fourth is to analyze the problems in the application of designated home residential surveillance brought by the judicial interpretation after the promulgation of the new judicial interpretation.Part Three proposes the measures to solve the problems in the application of designated home residential surveillance.This thesis proposes the following improving suggestions: the first is to improve the examination and approval procedures to reduce the expansion and abuse,suggesting defining the examination and approval organs and the strict examination and approval conditions.The second is to unify the sum standards applied to designated home residential surveillance,suggesting RMB 3,000,000 yuan after the new judicial interpretation and sum standards in recording the case.The third is to set the residence with unified standards and in conformity with the legal provisions for the centralized management.The fourth is to enlarge the execution subject,incorporating the judicial police team into the execution subject.The fifth is to strength the guard to prevent safety accident.The sixth is to safeguard the lawyer meeting right in accordance with law and loosen the lawyer meeting in the period of designated home residential surveillance.