Monitoring The Legal Issues Of The Residential System

In 2012,"Criminal Procedure" for residential surveillance system has been re-positioned,especially for assigned residence residential surveillance which were dedicated provisions.Residential surveillance system has been modified to implement more than three years,and achieved good results,but cannot ignore the problem in the process of application.In this paper,in order to study this system clearly applicable existing problems,in order to put forward a sound program of scientific and rational,and make the analysis of the following:Part I: For a better understanding of residential surveillance system problems and related solutions.In this paper,residential surveillance systems generally sophisticated problems found: residential surveillance refers to the people’s courts,people’s procuratorates,public security organs in criminal proceedings in order suspects are not allowed to leave the designated residence or domicile,and be limited in its activities enforcement methods;residential surveillance system in Chinese criminal justice legislation and practice in the embarrassing situation,theorists on its abolition it is full of controversy.2012 "Criminal Procedure" does not abolish the system,but choose from the applicable program,set off against the various aspects of the sentence and so perfect.Part II: After the concept and development path residential surveillance system will be known,the author of the present status of residential surveillance legislation of the sort found: 2012 "Code of Criminal Procedure," "coercive measures" chapter,for the original monitoring modify considerable magnitude living system were added 72,73,74,76,the applicable conditions on residential surveillance,applicable procedures,set off against the sentence,applicable methods and standardize the implementation of a total of four articles;and to amend section 75 Article is a legal obligation on the person under surveillance and so on.Residential surveillance application conditions are: first,meet the conditions of arrest of criminal suspects and defendants.Second,a "serious illness,life cannot take care of themselves;pregnant or breast-feeding her own baby;-based life cannot take care of people only dependents;because of the special circumstances of the case or the need to handle the case,take the residential surveillance measures more appropriate;detention period expires,the case has not yet decided to do take suitable residential surveillance measures,not to say that residential surveillance measures cannot be applied in understanding and residential surveillance provisions specified residence time,it should be noted: First,on the scope of the specified residence.and procedures;the second is about to assigned residence residential surveillance supervision issues specified residence under surveillance off against the sentence to note: first,set off against the sentence should be made by the criminal law,and should not be defined by a code of criminal procedure again.assigned residence residential surveillance off against the sentence lack of appropriate legislative basis.there are provisions on the obligation of the person under surveillance.Part III: On the general theory of legislation understanding of the status quota basis,the paper on the current Legislation of residential surveillance system were analyzed.It should be noted that,although after 1996,"Criminal Procedure" to modify the respective competent authorities for the application of residential surveillance system has made a number of explanations,but many key issues remain unresolved.In practice,they are alienated cases digestive channels,especially the alienation of disguised method of detention measures against personnel in the field,with the intention of legislation to protect the freedom of their forebears;Code of Criminal Procedure under the "fixed domicile" and "residence" refers to unknown;lack of basic residential surveillance supervision or even completely out of control,the suspect,the defendant’s physical,mental injury may be even more than normal in custody;in the "fixed residence," difficult to perform live monitoring;apply for the suspect under surveillance,the defendant people’s secret investigative techniques are likely to significantly affect the legitimate rights of its people to live a peaceful life and the right to privacy;residential surveillance measures for human rights violations and even more for torture and other bad phenomena contribute,play a role.Part IV: In this paper,found the problem,the general idea to solve the problem,after the analysis of the problem,which is in part based on the general theory,specific problems using concrete solutions to deal with the problem.In the residential surveillance bail system positioned as an alternative to measures,and gradually set up a special surveillance place to live as normal choose to perform residential surveillance,and under the protection of the community support system,a number of provisions in the suspect,accused the situation of people living residence to perform monitoring,this one can guarantee "the principle of non-custodial" to achieve legal principle,on the other hand ensures that the actual execution of residential surveillance system,to avoid the possibility of covert detention or release occurs in disguise probably Amending the Criminal Law,the reform of the system of the future direction of residential surveillance.