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China's Surveillance Of Residential Systems Research

Posted on:2017-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:L TangFull Text:PDF
GTID:2356330485996987Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,residential surveillance system is one of theimportant systems in Criminal Procedure Law,it is highly controversialin both theory and practice from the day it existed.Before 2012,Residential surveillance system has the same application conditions with Guarantor Pending Trail,but it is also mutually exclusive with Arrestment Coercive Measure.In 2012,there were significant amendments to Criminal Procedure Law OfThe Residential Surveillance Systems.With a separation in application conditions of Guarantor Pending Trail,the system legislated that residential surveillance is the alternative of arrested in order to reduce the high rate of custody.Despite its good intention,the amendments to Criminal Procedure Law on Residential Surveillance System still exist some drawbacks.Therefore,further studies are needed with focusing on shortcomings of current system and come with proper solutions.Current Residential Surveillance System has some legislative defects as following: the detailed regulations on surveillance are not enough.The executed places of specified surveillance are not fix.There is no national compensation to people under specified residential surveillance area.There are lack of clear norm basises of judgements.In practice of judicatory,residential surveillance is misused.It encroached up on the accused's legitimate rights and interests.Lack of effective supervision and relief mechanism are the reasons to the defects listed above.To solve those deficiencies in the legislation and practice,first of all,starting with principle perfection which included the basic human rights safeguard principle,proportion principle,the principle of presumption of innocence.Second,detailed regulations should be set up which include optimize surveillance methods,surveillance place should be fixed,provide national compensation to those under surveillance and clear discretions to accused.Third,for any shortfalls in the practice of judicatory,it should focus on correcting residential surveillance misused function,strengthening accused's legitimate rights and interests.Finally,establish effective supervision and relief mechanism.
Keywords/Search Tags:residentialsurveillance, enforcement measures, human rights protection, criminal procedure
PDF Full Text Request
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