The Criminal Procedure Law of the People's Republic of China,passed on March14,2012,systematically reformed the residential surveillance system on the basis of the issues explored in the process of operating this system. This reform not only separated the issue of residential surveillance from China's awaiting trial on bail,but also distinguished many residential surveillance issues,based on designated residence and residential surveillance. In order to ensure the new criminal procedural law was implemented correctly,the 80th Session of the Eleventh Procuratorial Committee of the Supreme People's Procuratorate,passed the Rules of Criminal Procedure of the People's Procuratorate( for Trial Implementation),on October 16,2012,the 1559th Session of the Judicial Committee of the Supreme People's Court passed the Interpretation of the Supreme People's Court on Implementing the Criminal Procedural Law of People's Republic of China on November 5,2012,the Ministry of Public Security comprehensively amended the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs,and the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of State Security,the Ministry of Justice,and the Legislative Affairs Commission of the Standing Committee of the National People's Congress jointly amended and published the Provisions on Several Issues concerning the Implementation of the Criminal Procedure Law.According to legislative purposes,all these regulations and provisions defined particularly serious crime like bribery, fixed residence, impeding an investigation,designated residence,nihil habet,and other important concepts,detailed the residential surveillance's prosecutorial supervision,decisions and alterations,and the costs of residential surveillance at a designated residences,and enhanced the operability of residential surveillance at a designated residences to a certain degree. However,there are still some issues that need further consideration and discussion, such as whether the amendment of criminal procedural law will eliminate the problems within the system of residential surveillance at a designated surveillance,and whether the "unwritten rules "within the current system of residential surveillance,at a designated residence,will influence the reform.
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基金项目(Foundation): one phase of a National Social Science Fund Project(11BFX132),entitled The Correlation between the Reform of Criminal Procedural System and Procedural Culture
作者(Author): 李麒;Wang Hao;Li Chao;Li Xiaonin;
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