The Procuratorial Organ Handles The Crime Of Duty Crimes And Applies The Surveillance Of Residence

As an important member of China’s enforceable criminal measures system,the monitoring the residence plays an important legal role in criminal justice activities,which can effectively reduce the applicable rate of enforceable measures of detention and has positive effect on guarantee the basic human rights of litigants.Compared with other judicial organs,prosecution organs,as the national legal supervisory organs,are faced with many inconveniences and problems in the course of handling the duty crimes.The most prominent problem is that the relevant legislations are not clear.Insufficient approval procedures and lack of’ enforcement result in a bad effect on application and failing to strictly execute the legislations.This will transform the monitoring of residence into detention and other issues.Nowadays,monitor the residence as a relatively gentle criminal enforcement measure is becoming more and more important and universally applied in the context of the country’s advocacy of the reform of the penalties.The prosecution organs are legally and validly applied in the investigation and handling of criminal cases.Residential enforcement measures put forward higher requirements for prosecution organs.Based on the newly revised Criminal Procedure Law and the Criminal Procedure Rules(Applicable)of the People’s Procuratorate,this paper discusses the problems and difficulties existing in monitoring the residence of the prosecution and prosecution office,and puts forward the practical situation in line with the actual needs of the handling the duty crimes as well as offers practical advice and suggestions.This thesis systematically elaborates the relevant problems in the prosecution of monitoring the residence of duty crimes with four chapters.The first chapter gives a brief introduction to the research background,the importance of applying monitoring the residence in judicial practice and major research methods of this paper.The second chapter is the systematical theory and legal basis of monitoring the residence applied in handling duty crimes for prosecution organs,mainly for laying some theorical and legal foundation for the further explanation and giving a brief summary and analysis for the concept of monitroing residence,the conditions suitable for applying monitoring residence when prosecution organs handle duty crimes.This chapter also further study the characteristics of monitoring residence in order to provide theoritical basis for presucution organs.The third chapter that is the problems and difficulties existing in execution of monitoring residence.The former part of this chapter analysises the deficiencies and problems of monitoring residence exisiting in]egistions.The latter part of further analysises and summaries the relevant problems existing in the execution of monitoring residence for prosecution organs form the perspective of the judicial practice.And in chapter four,the author puts forward relevant suggestions and measures on how to better use the monitoring residence measures for prosecution organs in the process of handling the duty crime cases.