指定居所监视居住具体适用与完善

新刑事诉讼法保留并完善了监视居住制度,将其定位于减少羁押的替代措施,新增了指定居所监视居住,明确了其适用条件和程序,有其存在的价值和合理性。但是,由于指定居所监视居住相配套的法律、司法解释不完善,实践中对具体问题理解适用不一,也存在法律规定模糊、执行难度大、变相羁押等问题。如何完善指定居所监视居住制度,防止权力滥用,在打击犯罪与保障人权之间保持平衡,是立法和司法实践不容忽视的重大问题。

On Legal Application and Perfection of Surveillance of Residence in Designated Place

The new criminal procedural law keeps and improves the system of the residential surveillance, and recognizes it as the alternative measures to reduce custody. Meanwhile, surveillance of residence in designated place has been added, made clear its applicable conditions and procedures, which has the existence and rationality value. However, due to lack of related law and judicial interpretations, in practice, there exist issues on ambiguous legal regulation, difficulties to perform, covert detention and other issues. How to improve the system of surveillance of residence in designated place, to prevent the abuse of power, and keep the balance between the crime and protecting human rights, it is the problems in legislative and judicial practice that we cannot ignored.