Case Analysis Of The Procuratorial Application Of The Assigned Residence Under Surveillance

The revised "the People's Republic of China Criminal Procedure Law" has come into force on January 1,2013.The new criminal procedural law,some new provisions on criminal behavior of the procuratorial organ,the provisions of article seventy-third of the procuratorial organ can use assigned residence under surveillance in the investigation of crime of particularly great bribery case.The modification of the designated residence surveillance measures,including the change of the applicable conditions,the expansion of applicable scope,and the provisions of notifying family,not only make the system more perfect and reasonable,but also play an active role in promoting the anti-corruption work.However,the application of the compulsory measures of residence surveillance in the judicial practice still has the following problems:(1)the place of implementation is facing dilemma;(2)the public security organ is unable to undertake the work alone;(3)the legitimate rights and interests of the residents under surveillance are not guaranteed;(4)the internal supervision of the procuratorial organ is weak;(5)lack of the corresponding judicial relief system.The above problems lead to the application of the designated residence surveillance residential measures in judicial practice not only the security and legality of the case,but also easy to the designated residence surveillance living measures "reduced to disguised detention" negative evaluation.Therefore,the relevant system of the designated residence surveillance measures should be improved,including defining the concept of "fixed residence",establishing special execution place,perfecting the implementation cooperation mechanism of procuratorial organ and public security organ,fully guaranteeing lawyer meeting and perfecting internal supervision mechanism of procuratorial organ.Through the improvement of these measures,to solve the difficult to grasp the new situation and new problems in the judicial practice of designated residence surveillance,play the judicial effect of the compulsory measures.