REORIENTATION FROM LEGISLATION TO PRACTICE: ON THE REFORM OF RESIDENTIAL SURVEILLANCE

立法到实践的再定位：以监视居住制度改革为视角

Guo Shuo               Assoicate Professor at Law School of Beijing Jiaotong University.

<正> Further improvement and direct abolition have long been two opinions held towards China’s residential surveillance system. The Criminal Procedure Law promulgated in 2012 adopted the former one, clarifying that residential surveillance, as a non-custodial criminal coercive measure, is more forceful in coercive power than bail pending trial and lower in status than custody and arrest. What is urgently needed at present is to solve the awkward situation of disordered legislation and the lack of practice that the residential surveillance system confronts.