On The Improvement Of Residential Surveillance System

Since the implementation of the Criminal Procedure Law of the People's Republic of China(revised by the Fifth Session of the Eleventh National People's Congress on March 14,2012),the theoretical and practical circles have devoted much attention to the newly added residential surveillance system.There is both anticipation and apprehension in exist.The reason why people look forward to it is that it enhances vitality in investigative organization's investigation,evidence collection as well as in punishment of criminals.However,many people worry about there is a strong risk on the violation of fundamental human rightsAs a new system with not too much foundation,the residential surveillance system is obviously devoid of clarity in current law.Therefore,it is hard to put it into practice in a certain way,and also it leaves much space to infringe the criminal suspects' legal rights.Therefore,how to make the investigative organs do not cross the border in the exercise of power,to ensure the legitimate rights and interests of criminal suspects are not infringed are key practice issues in effectively implementing Criminal Procedure Law legislation.In view of this,by using his professional knowledge,observation and thinking in daily work,reference from advanced experiences in foreign countries,and by using system analysis method as well as theory research method,the writer wish to make up and correct residential surveillance system in current frame of Constitutionalism.The main contents are as follows,In the first part,the author explained residential surveillance system within the basic principle and values of the Criminal Procedure Law,and mainly introduced legislation background and legal rules of residential surveillance system.In the second part,the author analyzed the independent value and practical significance of residential surveillance system.The article analyzed it from the following three aspects.First,residential surveillance systemhelps to improve the criminal coercive measures system.Second,it complies with the need of rule by law in protection of human rights in our country.Third,it firmly guarantees the investigation and evidence collection jobs of investigation organs.In the third part,the writer pointed out the problems existed in residential surveillance system's practical operation.In addition,the writer found deep reasons from the aspects of legislative defects,lack of supervision mechanism,failure to protect human rights,and absence of remedy system.In the fourth part,the author put forward effective suggestions for the improvement of residential surveillance system.The author gave specific perfect measures from the perspective of constitutionalism,legislation,and judicial practice.As a new compulsory measure with characteristic of socialist legal system,the residential surveillance system will play a decisive role in criminal judicial justice.However,in order to maximize its original intention of system design,it is necessary for legislature and judicial authority sum up experience in judicial practice to promote its development and perfection.