试论监视居住的废止——兼论取保候审制度的改革与完善

On the Abrogating of Supervision of Residence

监视居住是我国刑事诉讼法所规定的五种强制措施之一,但是其不论是在理论上还是在实践中均存在着难以解决的问题。特别是其与取保候审之间缺乏明确的界限,实践中执行机关限于自身力量的限制根本无法落实等等。因此,应将这一制度加以废除,并通过对取保候审制度的进一步改革与完善来解决可能出现的问题。

The supervision of residence is one of the five kinds of compulsory measures that criminal procedure law stipulates in our country, No matter how difficult it is to solve problems existing in theory or in practice it. Especially, it lacks clear demarcation line between recognizing, executive organ limited to have power for the implementation etc. restriction at all one's own strengths without practice. However, author thinks that this system be abolished, and not through to recognizing to reform further system.