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新修订的刑诉法增加了第七十三条关于指定监视居住的规定,引起了社会各界的广泛讨论,很多人担心该规定可能把过去不规范甚至非法的情况合法化。为了贯彻“保障人权与惩罚犯罪”的修法精神,确保指定监视居住措施被正确实施,必须正确理解指定监视居住的价值、适用条件以及居所范围等问题,以避免指定监视居住在适用过程中所引发的不利后果。
The newly revised Criminal Procedure Law added the provision of Article 73 on the designation of residential surveillance, which aroused widespread discussion in various sectors of the community. Many people are worried that this provision may legitimize irregular or even unlawful situations in the past. In order to carry out the spirit of the law of “guaranteeing human rights and punishing criminals” and ensuring that designated monitoring and living measures are properly implemented, we must correctly understand the problems such as the value of designated monitoring residence, the conditions of application and the scope of residence so as to prevent the designated monitoring residence in the applicable process Caused by the adverse consequences.