On The Residential Surveillance System In My Country From The Perspective Of Public Security

The criminal procedure law stipulates five kinds of criminal compulsory system,among which the surveillance residence system is between the detention system and the nondetention system and it plays a role of connecting the previous and the next,which makes a relatively perfect trapezium system in the criminal compulsory system in China.The criminal procedure law has revised and improved the surveillance residence system many times,until the amendment of the criminal procedure law in 2012 which made a relatively prefect surveillance residence system as an alternative system of arrest.The trend of light punishment is reduced and the rate of detention is reduced.However,since the revision of the residential surveillance system in 2012,some problems have been exposed,causing many disputes in academic circles and judicial practice.Monitoring the nature of residence,the author think it is a quasi-admissible system,and should not be used as a means of investigation in cases,but at present,there are still a lot of judicial organs in judicial practice to monitor the residence as a means of investigating in cases,so that the system of surveillance and residence has lost its original meaning.On the premise of the revision of the criminal procedure law of 2018,the author tries to further explore the existing problems of the surveillance residence system on the basis of the study of the surveillance residence system,and try to put forward some immature ideas in the light of the public security angle and on the basis of the scholars' Research on the surveillance residence system.In the course of a certain help.This article mainly has four chapters: the first chapter mainly expounds the system of surveillance and residence,the evolution course of its legislation,its essential attributes and characteristics;the second chapter describes the existing problems in the system of surveillance and residence,such as the vague relevant provisions,the application of fairness,the inadequate application conditions and so on,and the third chapter is to compare and analyze the domestic bail pending trial system.Degree,lien system and the similar system in the four countries of Germany?France?England?American;the fourth chapter puts forward some immature ideas in accordance with the contents discussed in the previous article,and hopes to solve the certain problems in the surveillance residence system.