指定居所的监视居住制度探析

Probe into and Analyze the Mechanism of Dwelling under Surveillance in Designated Residences

监视居住是我国刑事诉讼法设置的介于取保候审制度和逮捕制度之间的一种强制措施制度,是我国较早确立的一项刑事诉讼制度。新《刑事诉讼法》创新设置了指定居所的监视居住制度,为重大贿赂案件等的侦查提供了制度保障,具有里程碑意义。但不可否认的是,新《刑事诉讼法》设置的监视居住制度,特别是对指定居所监视居住的规定仍存在一些缺憾。这就要求我们深入分析指定居所监视居住制度在适用中存在的问题,并提出有针对性的建议,以利于促进和保障该制度的实施。

Residential surveillance is a compulsory measure between the bail and arrest in New Criminal Procedure Law, which was established earlier by our country as a criminal procedure system. New Criminal Procedure Law has innovatively set up the mechanism of residential surveillance, which is a milestone and also ensures the investigation of big bribery cases by the established system. But it is undeniable that in New Criminal Procedure Law there are still some imperfections concerning the residential surveillance system, especially provisions on dwelling under surveillance in designated residences. This requires us to further analyze the problems concerned and advocate suggestions targeting the problems so as to promote and ensure the execution of the system.