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监视居住的理想图式不复存在,内在矛盾难以解决,在实践中存在着虚无化和被滥用泛化的两种相反方向的问题。基于制度环境、制度本身、制度发展和制度负面效应等原因,监视居住制度应当废止而不是改进。其理由在于:监视居住已失去多种支撑条件,群众的积极参与已不可能;其执行存在着不易解决的技术问题和成本问题;这一制度与法治发展的大方向相悖;具有不易消除的被非法利用的可能性。
The ideal schema for monitoring residence no longer exists, and the inherent contradictions are difficult to solve. In practice, there are two opposite directions that are illegitimate and abused. Based on institutional environment, the system itself, the development of the system and the negative effects of the system, the system of residential surveillance should be abolished rather than improved. The reason lies in: monitoring the living has lost a variety of conditions for support, the masses have not been able to actively participate in the implementation of the implementation of the problem is not easy to solve the technical and cost issues; this system is contrary to the general direction of the development of the rule of law; has not easily eliminated by The possibility of illegal use.