Problems And Countermeasures In The Implementation Of Designated Residence Surveillance

As one of the compulsory criminal measures,the designated residence surveillance undertakes the mission of ensuring the lawsuit activity smoothly.However,since its birth,it has been controversial in the field of practice.The criminal procedure law amended in 2012 has adjusted the applicable conditions,applicable consequences and obligations of the person under surveillance for designated residence,and some practical problems have been solved.But at present,there are still some problems in the application,execution and supervision of designated residence surveillance,which affect its original effect.In order to summarize the practice of prominent problems and solve them one by one,make a clear positioning of the designated residence for residential surveillance and affirm its value.Taking this as the starting point,this paper reviews its historical development from the perspective of norms and practices,and then focuses on the current situation,by studying a large number of research data and typical cases,some specific problems are concluded,such as the limitation of its application space,the improper application of it by procuratorial organs in the cases they investigate,insufficient supervision by procuratorial organs in the decision-making and execution procedures,inadequate supervision by public security organs,and the difficulty in protecting the legal rights of the residents under surveillance.To this,we should follow the nature of the designated residence surveillance and the legislative purpose,from the Angle of public security organs and procuratorial organs to apply it,the perspective of the connection between it and the supervision law to explore its current application space;To standardize the application of this measure by procuratorial organs in their own cases,and to implement the supervision effect of procuratorial organs on the public security organs to apply it and carry out its actions;It is also necessary to clear-out the applicable conditions for the public security organs to adopt different supervision intensities so as to avoid excessive supervision of the residents under surveillance.In addition,the legal rights of the residents under surveillance should be protected from infringement by standardizing the operation of rights,standardizing the selection and construction of execution sites,and implementing the right to know of the family members.Through the above solutions,in order to promote the good use of this measure.