An Empirical Study On The Application Of Designated Residential Surveillance

In 2012, China promulgated the new revised "Criminal Procedure Law". The provisions make a systematic and detailed formulation on the mandatory measures for residential surveillance, and in the first time in the legal provisions embodied in the designated residential surveillance system. The law makes the introduction of China's criminal litigation system of compulsory measure level more abundant, given more choice space of procuratorial organs in the course of the investigation of duty crime cases,provide a legal basis for the application of compulsory measures designated residential surveillance, effectively promote the prosecution of duty-related crimes cases investigation in China. However,the application of designated residential surveillance in the duty crime investigation also exposed the lack of relevant legislation and application basement. How to correctly understand the relevant laws and regulations, and improve the accuracy of the application of the designated residential surveillance system, has been a hot issue in the field of Chinese academia and relevant practical departments. The author in this paper, through the use of examples, analogy and other methods, analyzes the problems found in the application of the designated residence surveillance system in practice, and puts forward some countermeasures.The content of this paper is mainly divided into four parts:The first part mainly discusses the connotation and significance of Designated residential surveillance system. First, define the concept of Designated residence of residential surveillance, second, compare the similarities and differences between related concepts, and then illustrate the significance of the development of residential surveillance system, interpretation, comparison, clarify the system from three aspects.The second part mainly inspects the extraterritorial similar system. This paper makes a comparison between the residential surveillance system and other similar systems in other countries and regions. Finally, Combined with the current situation of China's judiciary to draw inspiration.The third part is mainly about the current situation and existing problems of the procuratorial organ's application to the Designated designated residence. Starting from the practical cases, this paper analyzes the data of the past years, and points out such as particularly significant amount of bribery is not clearly defined,especially significant level and the significant social influence is not clearly denned, the provisions of no fixed residence and designated residence is not clear, the residence may perform specific circumstances shall not impede the investigation of comprehensive implementation of the main confusion dislocation and so on.The fourth part, mainly to solve the problem of Designated residential residence in the specified application. In the light of the problems existing in the third part, the countermeasures and suggestions are put forward.Given suggestions about putting forward to accurately define "particularly serious crime of bribery", the correct definition of "no fixed residence" and "designated", specify the residential monitoring executor,reasonable standard "would obstruct the investigation case scope, strengthening designated residential surveillance to protect human rights and interests, to strengthen the procuratorial organs internal mutual supervision and countermeasures.