指定居所监视居住的法解释分析

An Analysis of Legal Interpretation of Surveillance at a Designated Place of Residence

指定居所监视居住在2012年的刑事诉讼法修改中被进行了重新定位。但由于立法规定过于宽泛,并且司法实践中该项强制措施仍然存在着诸多问题,因此需要运用解释学的方法,以明确其性质,对其是限制自由还是剥夺自由,是强制措施还是侦查手段,适用对象中"特别重大贿赂犯罪"的标准,后续能否变更为逮捕,执行地点和执行主体等问题进行解释。

The surveillance at a designated place of residence was re-defined during the process of the revised Criminal Procedure Law in 2012. However, the legislative provisions are too sketchy, and there are still many problems with compulsive measures in judicial practice. So it is necessary for us to use the methods of legal interpretation to understand the nature of it. This paper shall interpret these following problems-whether the surveillance at a designated place of residence is a restraint of liberty or a deprivation of liberty, whether it is compulsory measures or means of investigation, which applies to the standard of ＂particularly serious crime of bribery,＂ whether it can be changed to arrest; what its execution place is and who is its executive agent.