Research On The Designated Residential Surveillance System

As everyone knows,our system of criminal coercive measures contains the bench warrant service,the bail,the residential surveillance,the detention and the arrest measures.Among them,based on the different implement ways,we can divide the residential surveillance into the designated residential surveillance and the general residential surveillance.In this paper,I will narrow the area of research and select the designated residential surveillance system as my writing object.I expect to be able to make the system clear as much as possible in a more precise range.Since the revision of the Criminal Procedure Law in 2012,the designated residential surveillance has ushered a wave of new research boom.As a system with great characteristics in China,the designated residential surveillance has a vital position in the field of criminal coercive measures.The designated residential surveillance system also has its own particularity.On the one hand,it has the traditional function of guaranteeing the litigation as well as other coercive measures.On the other hand,it also has a new era task of countering terrorism and anti-corruption.With the amendment of Criminal Procedure Law in 2012,our designated residential surveillance system has made great progress.However,so much judicial practice has also exposed many problems of existing designated residential surveillance system.The main purpose of this paper is to study the relevant problems of the system and to put forward the corresponding solutions,so as to play a certain role in guiding the reform of the system in China.I think that we must improve the designated residential surveillance system,and the main reason is not only the repair on the surface of our criminal coercive measures system.The deeper meaning is to ensure that the litigation protection function of this system is not undermined,when as much as possible we strengthen the protection of individual freedom of citizenship.This kind of legislative desire comes from the individual rights consciousness of the society,and it is the performance of social progress.Therefore,this measure of improvement is undoubtedly an important step in reshaping the credibility of criminal justice in our country,and it is a proposition that we must continue to attach importance to criminal justice reform in future.In general,the situation is pressing,and we must be careful and check it.This paper includes the following parts:The first part mainly explains the designated residential surveillance system,which includes the historical evolution,the legal nature,the main features and the values.The second part is trying to start from the provisions of the law and the relevant social phenomena,then we reveal the problems in practice to reflect the shortcomings of the designated residential surveillance system.Such as the initiation of the system,the identification of the implementation of the site,the recognition of the applicable objects and the supervision of this system.These are all the urgent problems of the designated residential surveillance system which we need to solve.The third part of this paper is a comparative study,we generally cited some instance of legislations which are typical and similar with ours in the civil law system and common law system.Then our goal is to get some inspiration through the scientific and comparative study.In the fourth part,based on the similar system and practice of foreign countries or regions,we put forward some suggestions to improve the designated residential surveillance system with the analysis of relevant theoretical tools.The fifth part is about the conclusion of the above proposals,and I think it will make the topic clearer.