On The Application Of Procuratorate To The Surveillance Of Residence In Designated Residences

The revision of the new Code of Criminal Procedure has perfected the designated residential surveillance residential system in China,which provides that the procuratorial organs may apply for designated burglaries for specified major bribery offenses,and it is also a new procuratorial function for procuratorial organs.In the face of the previous struggle to monitor the existence of the living system,the new "Criminal Procedure Law" not only retained the residential surveillance system,but also in the original system to make a new transformation,largely to improve the original system design of the defect.However,there are still a lot of worries and doubts about the theory and practice of the residential system.On the one hand,the paper analyzes the design of procuratorial organs to apply the designated residence to residential surveillance,and finds out the defects in the legislation;On the other hand,the paper analyzes the design of residence,taking the W city procuratorate as the object of investigation,the author investigates the practice of the W city procuratorate in applying the specified residence to monitor the residence since the implementation of the Criminal Procedure Law in 2013,and finds out that the Procuratorate exists in the process of residence Some of the problems.On this basis,the author puts forward some legislative and judicial suggestions on how to improve the residential supervision of residences in order to solve the problems and difficulties in procuratorial organs in the application of residence residence surveillance.The text of this article is divided into four parts.In the first part,the author gives an overview of the relevant systems of residential surveillance.And then it analyzes whether the legal attribute of the measure of residential residency surveillance is whether it is a custodial measure or not.Finally,it applies to the procuratorial organs.The significance of the function of residence designation residence monitoring has been analyzed.The second part focuses on the analysis of the design of procuratorial organs' residence system.The article mainly analyzes the relevant provisions of Article 73,74 and the Supreme Inspection Rules of the Criminal Procedure Law,including the scope of application,the place of application,the procedure of examination and approval of the procuratorate,the residence of residence supervision Notification of family members and related issues related to the penalty period.The third part mainly studies the problems in the practice of applying the designated residence surveillance system to the procuratorial organs.Taking the application of W City Procuratorate as an example,it is found that whether the residential surveillance residential measure is in the process of application of the procuratorial organ.There may be alienation,the cost is too high,not enough supervision and inspection issues.The fourth part is on the basis of the previous and part of the study,to improve the procuratorial organs to apply for designated residence to monitor the residence,from the perspective of legislative perfection and judicial perfection,respectively,put forward some relevant suggestions and ideas.At the same time,it emphasizes the importance of establishing the concept of human rights protection,and should be the basic principle of procuratorial organs in the process of residence monitoring.