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Designated Home Residential Surveillance System Research

Posted on:2017-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2416330536962793Subject:Law
Abstract/Summary:PDF Full Text Request
Residential surveillance as a kind of compulsory measures,since the initiative has been questioned.Since 1979,"criminal procedural law" established residential surveillance system,after years of practice,have been in a state of low residential surveillance,the measures of effectiveness and applicability can be embarrassing.As early as in 1996 when we amend the criminal procedure law,residential surveillance system of questions were raised,still without interruption.Academia and practice independent,debate.The criminal procedure law in 2012,prior to such modification "abolish" and "transform" argument is at its peak.Eventually,however,the criminal procedure law or keep the residential surveillance system and a series of perfect.From the practice in nearly three years,did not achieve the result that the legislature had to whom it applies.Residential surveillance system in the applicable in various conditions,investigate its root causes,whether it is system itself there is a problem,or perform difficult due to illegal operations in practice? In order to further study the root cause of the problems existed in residential surveillance system,better play its value,and ensure the smooth operation of the lawsuit activity,it is necessary to carry out the system research,and to be perfect.Throughout the judicial practice of recent years,it is suitable for designated home residential surveillance system still has the following several aspects Problem:the applicable condition is difficult to grasp;Uncertainty and randomness of implementing places;Supervising the implement effect.Many working blind spots and is the main reason of the difficulty in practice: law is not clear,and there exist deviations in understanding of the laws and regulations.These problems will make the security and validity of case and is in a state of uncertainty.Should,therefore,transformation law enforcement idea,perfect the relevant regulations applicable designated home residential surveillance,including strict grasp the applicable conditions,the specific execution location and implementation methods,strengthening the consciousness and the supervision measures of implementation,establish violation specified residence residential surveillance mechanism of procedural sanctions.Settled through the perfection of these measures,apply to specified residence residential surveillance in the judicial practice difficult to grasp the new situation and new problems.
Keywords/Search Tags:The criminal procedure law, Designated home residential surveillance, Supervision, Residence
PDF Full Text Request
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