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The Application And Regulation Of The Residential Surveillance System In Designated Residences

Posted on:2018-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:K SunFull Text:PDF
GTID:2436330548496169Subject:Law
Abstract/Summary:PDF Full Text Request
It is mainly for criminal compulsory measures in order to guarantee the smooth progre ss of the criminal activity,through coercive measures can determine whether the suspect in criminal cases prior to the detailed understanding of China's criminal compulsory measure s are more or less of the suspect and the accused person's freedom of certain restrictions,to ensure that criminal suspects and defendants can cooperate with authorities handling work,ensure that the suspect and the defendant's personal safety,for the designated residential m onitoring is five kinds of compulsory measures in monitoring a living,as the characteristics of a new enforcement measures itself is also very prominent,the requirements of the susp ect can not leave the designated residence for the designated residential monitoring itself,a t the same time,there will be someone to monitor the suspect,it seems Is deprived of libert y of criminal suspects.but in the general location specified residence under surveillance as a non custodial m easures,this article not only briefly describes the designated residential monitoring non cus todial characteristics,at the same time,the designated residence of residential surveillance i n detail,mainly to specify the nature of the concept residence under surveillance,its place i n the coercive measures status are discussed,will also be important for designated residenti al monitoring exist and its advantages than other coercive measures,at the same time for th e present basic principles of "Criminal Procedure Law" I in the punishment of crime and pr otection of human rights is analyzed,the basic principle is also applicable to the specified r esidence under surveillance,especially In the aspect of the protection of human rights for c riminal suspects,the case handling organ for criminal suspects have clear rights and obligat ions for residential surveillance suspects execution authorities need to quickly notify their r elatives by the designated residence,and the people's Procuratorate for self investigation ca ses decide to apply the designated residential monitoring the enforcement measures,need e very time whether to continue to apply the designated residential monitoring review,this is in the protection of the legitimate rights of criminal suspects,the designated residential mo nitoring for it belongs to a new enforcement measures,it still has many disadvantages in pr actice use,such as for the application in the designated residential monitoring there is no ce rtain standard to control,at the same time exists for the specified residence under surveilla nce field The question,because our law for the designated residential monitoring cannot be detained or arrested imprisoned in the detention center,which also represents the designat ed residential monitoring sites to monitor the new,this will inevitably bring about manpow er resource consumption,this paper sorts out to discover the problems in practice,and then according to the problems found in put forward the corresponding method of designated re sidential monitoring although there exist a series of problems but the method for the applic ation of compulsory measures of the case handling organ has a supplement,the law of our country prescribed for residential surveillance can be used as an alternative measure of bail and arrest,it the value of residential surveillance to better use,at the same time for the peo pie's Procuratorate need strict supervision,In order to ensure that the entire residence for th e designated residence in the process of fairness and impartiality.
Keywords/Search Tags:Specify the residential surveillance, Criminal procedure law, Compulsory measures, Human rights protection
PDF Full Text Request
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