Study On Difficult Problems In Application Of Residential Surveillance Measures

As a compulsory measure applied by public security organs,residential surveillance plays an important role in guaranteeing the smooth progress of investigation,evidence collection and litigation.However,there are still many problems in its practical application.The purpose of this paper is to talk the basic situation of surveillance residence as an entry point,discuss some problems in surveillance residence,and put forward some ideas of the author.The first part is an empirical study of the criminal coercive measures of public security organs in S city.Comparing with the data of other criminal compulsory measures,it can be seen that the ratio of application of surveillance residence in S city is lower than that of other criminal compulsory measures.The second part discusses the current situation of legislation on residential surveillance measures in China,and collects and sorts out relevant provisions on residential surveillance related to Chinese laws,regulations,departmental rules and judicial interpretations.By collecting and sorting out relevant laws,the author finds out the deficiencies and the gap between them and the actual legal practice.The third part is to summarize the difficulties of applying residential surveillance to public security organs.The application process mainly highlights the following problems: high cost,few applications,and it is difficult to meet the needs of front-line investigation and case handling;The internal public security organs can decide to conduct residential surveillance and implement it.Other organs lack supervision over the examination and approval and follow-up investigation,and the control is lax,leaving room for power rent-seeking.Paying more attention to the entity than to the procedure,failing to abide by the procedural provisions and failing to timely notify the family members of the persons under house surveillance and the supervisory organ of the procuratorate;In order to prevent the criminal suspect from escaping,the criminal suspect shall be placed under special custody in a disguised form of custody and the personal freedom of the suspect shall be strictly restricted during the period of residential surveillance.Some special criminal suspects were not placed under strict residential surveillance,which resulted in frequent escapes of suspects and high recovery costs.Due to the lack of effective right remedy approaches,most of the residents under surveillance do not have a strong sense of rights protection,and they can only swallow up the infringement.Litigation cycle is long,the public security organs to implement the pressure,there is accountability risk.The fourth part puts forward the corresponding Suggestions according to the existing problems of the public security organs.The general idea is to first strengthen the top-level design,focusing on improving the overall quality of law enforcement personnel,and at the same time strengthen the standardization of law enforcement,especially the refinement of procedural provisions,focusing on the implementation of the first line.Secondly,the regulations on the residence of supervisors should be comprehensively refined.We should not only improve the applicable conditions,but also ensure the rights of the person subject to execution.We should not only focus on law enforcement,but also consider the social effects.Moreover,should establish a set of evaluation mechanism,to break the existing compulsory measures to perform only by the individual organ can decide the leadership of the situation,to establish the reviewers library,and a complete set of the social harm of the suspects and cases further investigation results of the evaluation index system,police force saving and saving the cost of crime,also for the decision and enforcement agencies burden.Still have even if should undertake monitoring to the object,should safeguard their basic right,strengthen the construction of place and corresponding form a complete set of skill to prevent a measure,carry out safeguard their food and drink daily life condition,the performance during the period that will supervise a person lives,bring into sentencing reference system at the same time.Finally,it is necessary to strengthen supervision.One is the internal supervision of the executive organ,and the other is the procuratorialsupervision.An effective supervision system should be established to protect both the executive organ and the supervised objects from infringement.