Prosecutors Designated Perfect Residence Residential Surveillance System

When the Criminal Procedure Law was amended in 2012,the monitoring system was re-positioned,and the internal system was reconstructed and shaped.The performance of the living system was detailed in the scope of application,the conditions of application,the place of execution and so on.Provisions and supplement,so that China's criminal compulsory measures to further enrich the system.However,due to the "Criminal Procedure Law" revised by the length,style restrictions and the relevant controversy did not reach a consensus,designated residence to monitor the residence of the relevant laws are relatively small,the development of rough,broad,there are some loopholes.Supporting the "People's Procuratorate Criminal Procedure Rules(Trial)" and "People's Procuratorate to monitor the residence of the designated residence of the provisions of supervision",the designated residence to monitor the living in the specific operation of the provisions of a certain extension,but not enough refinement,The relevant provisions of more general,abstract,to a certain extent,the lack of maneuverability,a large number of matters need to be explained is blank,the application of the theoretical and practical session of the existence of some controversy.In the practice of judicial handling,the application of the designated monitoring of residential coercive measures has also appeared in a number of new situations and new problems: the strict handling of individual cases is not strict;the main body of the absence of dislocation;for excessive service investigation,interrogation behavior arbitrary;Places all kinds of decentralized;place construction varied,not standardized,not unified;implementation of internal and external supervision mechanism in the form of;relief mechanism is not perfect and so on.Through the in-depth analysis of J provinces and H provincial procuratorial organs in 2016 to apply the designated residence to monitor the residence of the relevant data to understand the application of the system,combing the existing problems,in order to improve the relevant system to make up for loopholes found.Although with the deepening of judicial reform and the major reform of the state supervision system,part of the functions of the prosecution and other functions of the procuratorial organs will be transferred to the State Commission,and the problems in the residence system of the designated residence are different.The extent of the exposure will be exposed,and thus explore the designated residence to monitor the existence of housing problems,the state supervision of the investigation and handling,especially the "indwelling" measures have a strong guiding role.