The Research On Specified Residence Under Surveillance

Residential Residential surveillance system was born in new-democratic revolution period.At that time the custody place and its staff in our country were very nervous,so they set up a residential surveillance system to solve the above problems.In 1979,the Criminal Procedure Law of the People's Republic of China was promulgated,but the regulations concerning the residential serveillance system were very general and not easy to operate.In 1996,the revised Criminal Procedure Law stipulated the obligations and time limit of the people under the residential surveillance,but it is not spicified its seperation from the guaranteed pending trial.The Criminal Procedure Law amended once again in 2012.This time the rules are detailed,making clear the applicable situation for residential surveillance.The article 73 provides not only applicable object,decision authority and execution place of residential surveillance system but also the notification obligations and rights guarantee,etc.This can fully reflect the further improvement of criminal coerctive measures and at the same time give more respect and guarantee to human rights.This paper first summarizes the history,research backgroud and significance and results of designated residence surveillance system in China,and then make emphasis on the difference among guaranteed pending trial,questoining at an appointed time and place and detained and interrogated;Second,analyse the relevant laws of designated residence surveillance system,the types of applicable accusation and problems,the setting up and operation of supervision and its supporting facilities and also the problems in the judicial practice;Last,considering current situations in our country,put forward some practical suggestions on the aim for improving designated residential surveillance system further perfect to make it more scientific and rationalized,and play an effective role in criminal proceedings.Here,security is both a guarantee for the lawsuit procedure and a guarantee for the human rights of suspected criminals and defendants.Through improvement and innovation,under the background of the reform of the state supervision system,the designated residence surveillance system will still have great vitality.