Application Concerns Of Designated Residence For Residential Surveillance In Procuratorial Organs

In Code of criminal procedure passed in year of 2012,a new system of designated residence for residential surveillance was added,however,there's been a lot of controversy in theory field and there is also a tendency from dare or unable to use to avoiding abuse when it is used in judicature practice field.Residential surveillance system should be reinterpreted in pursuit and respect of legal spirit.Original idea of residential surveillance should be interpreted as it is executed in the residence of person under residential surveillance and on the premise to ensure the smooth operation of the litigation activities,restrictions on personal freedom of person under residential surveillance should be reduced as far as possible;but in particular cases,residential surveillance can be executed in the designated residence.Designated residence for residential surveillance which belongs to general residential surveillance in strict logical sense,should ensure all the properties of residential surveillance realized,except the different execution places;designated residence for residential surveillance of special crime,including jeopardizing national security and terrorism,should get rid of the properties of residential surveillance and be interpreted as secret detention measures,strict degree of which is above arrest measures and can be added as the sixth kind of coercive measure in criminal procedure.At present,supervision system reform is being piloted,and retention has been as measure for procuratorial committee to investigate public officials who break the law or discipline in pilot area,there should be a balance between striking crimes and assurance of human rights when setting lien measure,with less and careful use as well as strict approval and accepting supervision,fully embodying the concept of socialist rule of law with Chinese characteristics.