The Research On Designated Residential Surveillance In China

Designated residential surveillance in punishing crimes and maintaining social security and safeguard human rights has played a huge role.It accords with the requirement of scientific and democratization of criminal coercive measures in China.In the latest amendment to the criminal procedure law,the legislation affirmed its value.And in order to improve its operability in judicial practice,the legislation has adjusted the old legal provisions to accommodate the development changes in our judicial environment.Its implementation has not been good since that new criminal procedure law has been implement,and many problems need to be solved urgently.This paper analyzes the basic legal connotation of the designated residential surveillance and discusses it.The paper is divided into five parts.The first part analyzes the essence and value of the designated residential surveillance.To study its unique significance to the whole criminal coercive measure.Then the paper discussed the differences between it and other criminal coercive measures.It is worth affirm that law retains it.The second part focuses on the content of the current laws and regulations.Such as the applicable conditions,the execution location,the decision of the main body,Inform the relatives,lawyer defense and meeting,decisive organization and subtraction of term of penalty,etc.The third part combined with the current laws and regulations,by investigating the system in the judicial practice in the concrete implementation around the country,analyses its problems and difficulties.For example,some legal concepts are ambiguous,the conditions are not unified,the rights of the accused are not fully defined,the system of legal supervision is not perfect,etc.And discuss the reasons for the problem.The fourth part introduces the bail system in Britain and the United States,judicial supervision in France and residential surveillance system in Russia and similar criminal coercive measures in Macau and Taiwan.The fifth part combines the relevant experience of foreign countries and firmly grasps the essence of it,and proposes a method to solve the current problems.For example,accurate understanding of legal concepts and conditions,protect the rights of the accused,improve the system of legal supervision and so on.This paper concludes that claims to abolish it cannot solve the problems in current judicial practice.It is only active exploration and practice that summarize and perfected that relevant theory in judicial practice in order to truly solve the problems that are currently present.