Research On Surveillance On Residence In The Specified Home System And Its Application Of Designed Residence In China

Since the establishment of the surveillance on residence in the specified home system in 2012,the academic community's discussion over the monitoring of the surveillance on residence in the specified home system for designated residences has never diminished.From the beginning of the revision of the Criminal Procedural Law to the current reform of the judicial system,from the appointing and abolishing of the surveillance on residence in the specified home system to the perfection of the surveillance on residence in the specified home system,the discussion and controversy of the scholars have never stopped.With the deepening of judicial reform in recent years,the surveillance on residence in the specified home system has been affected once again.The three major subjects that originally had the right to decide on the application of the measure were restructured into two main bodies.Procuratorial organs have no right to apply for the surveillance on residence in the specified home system because of the change of the investigative power functions of the self investigating cases.Based on the above background,the author intends to study the surveillance on residence in the specified home system from the present situation of the system and the judicial practice,exploreing the exact position of the measure in the criminal procedure system in order to better adapt to the new system and better exert its procedural benefits.This article first explores the significance and value of the surveillance on residence in the specified home system as a quasi custodial mandatory measure from the system perspective,comparing the analysis of similar systems outside China.In judicial practice,through the empirical investigation,we can understand the judicial application status of the surveillance on residence in the specified home system from public security organs and procuratorial organs.Therefore,the design of the designated residence monitoring and residence system is not reasonable in the design of the system is a major source of poor system operation,so that in practice there is a lack of guidance,non-standard application and so on.In response to the above-mentioned problems in practice and system,here are the suggeestions for these.Reform the surveillance on residence in the specified home system,restruct the surveillance on residence in the specified home system and introduce judicial review system.Regulate the public security organs to apply to designated residential surveillance houses,and strengthen the inspection and supervision of procuratorial organs.Explicitly specify the rights protection and remedies for the residence surveillance system.