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修改后的刑事刑诉法第七十三条对监视居住强制措施进行了大幅改动,尤其是指定居所监视居住措施的规定,成为一大亮点。但是,各界对新刑事诉讼法增加“指定居所监视居住”却多有非议。一些学者指出,虽然从立法本意来理解旨在通过指定居所监视居住来代替实质性羁押,但因其没有类似于规范看守所侦查活动的规定,可能给刑讯逼供提供场所与条件,司法实践中执行得不好,将会变成变相羁押的法律根据。修改后刑诉法
Article 73 of the amended Criminal Procedure Law has made a drastic change to the monitoring of residential compulsory measures, especially the provisions on the monitoring of residential measures in designated residences. However, there is much criticism from all walks of life for adding “designated residence monitoring residence” to the new Criminal Procedure Law. Some scholars pointed out that while it is the intention of the legislation to understand that the aim is to replace the substantive detention by monitoring residential residences at designated places, it may provide places and conditions for extorting confessions by torture because there is no provision similar to that of the detention center, Bad, will become the legal basis for disguised custody. Modified Criminal Procedure Law