Studies On Practical Issues Of Living Under Designated Residential Surveillance

After several amendments,the Code of Criminal Procedure has become more consummated.The law stipulates clearly the concept and scope of the designated residence surveillance living system.Surveying residence is an extremely special situation,and its existence is of great significance.However,surveillance Whether living can exist properly is also questioned in the daily life of academics and people.The current law does not clearly define the validity of the monitoring of residence and the conditions of application.As a result,the implementation of the monitoring of residence in judicial practice has been greatly hindered and the practice of monitoring residence has been affected.In order to effectively solve the problems existing in the implementation of the monitoring of residence and also to ensure that the monitoring of residence can achieve the desired effect and play an active role in monitoring the living and allow it to collect important evidence in legal practice,we must correct the defects in the existing laws,Redefining the status of living and monitoring the monitoring of living conditions,so I conducted a study on the monitoring of living,get the following research results,this article is divided into the following four parts:The first part mainly introduces the definition of the concept of residential supervision of designated residence.At the same time,it introduces the legislative background and reform process of relevant laws,analyzes the characteristics of the law and expounds the applicable conditions of the system.Surveillance of living system is conducive to the protection of the human rights of the target person,but also conducive to the use of information collected to support litigation activities,these practical significance for the monitoring of the application of the system has been paved the way.The second part introduces the monitoring and residence system of designated residence outside the territory,focusing on similar systems in Germany,Britain and other countries,compared with the relevant systems in China,summed up the success of these national systems,hoping to learn from the experience,Providing reference for the implementation of our country’s monitoring and residence system.The third part mainly expounds the applicable status quo,problems and reasons analysis of the designated residence surveillance in judicial practice.Find out the loopholes and flaws of this system,the misjudgment of executive body,the risk of casehandling caused by the separation of residence and trial,the defect of approval process,the lack of guarantee of the legitimate rights and interests of suspects and the lack of reasonable supervision mechanism These issues have hindered the development of the system of monitoring the living in our country and have also made the masses controversial about this system.The fourth part mainly elaborates how to improve the rationality of the designated residence monitoring and living system through practice and legislation.First,it introduced the situations of "amount","major social impact","involving the national interest" and "hindering the investigation",and strictly defined it.Second,it was necessary to confirm the eligibility of the procuratorial organs to perform the supervision over the residential residence under the designated residence,Third,we must further safeguard the lawful rights and interests of criminal suspects and others and improve the protection of the law against them.Third,we must further improve the influence of procuratorial organs in such acts and procuratorial supervision over the monitoring of coercive measures of residence.Fourth,we must further improve National compensation system to reduce disputes.