Seventy-third residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution.

The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

Criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third.

The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence.

    Before the revised criminal procedure law can be heard without end, the debate about "73" online, all the attention the method to modify the network source, seems to contain the pass. And the reason is "73" secret fishing worried about the potential for abuse, especially when the legitimacy of the criminal procedure law to establish the legal form of close to catching time, many people think is wrong. After all, when close to catching terms through, perhaps legitimate dense catch more, because of the criminal procedure law in backing.

   So, whether the "73" is in close catching legal backing, this is "73" is close to catching behavior basis of legitimacy, the author explain, "73" behind the story and the law itself implied meaning, the following comments represent personal views.

   The provisions of Article 73 of Criminal Procedure Law: "for the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution." "The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within 24 hours after notification under residential surveillance, the families of the people." Three kinds of specific crime this in is in the specified place residential surveillance as the premise, then, is only the three crimes in the specified place to residential surveillance? We can then fine views of the "alleged" one word, in this, is that a criminal suspect may be suspected of committing a crime, but in the end have made these three kinds of crimes to the investigation organ for further investigations and court decisions, but in the early part of the investigation, the public security organs to other crimes can apply this three kinds of crime, then the suspect in the designated home residential surveillance? In my opinion, although we are not the worst malicious suspected criminal surveillance of residence, however, does not preclude the abuse case, the malicious use. Then, we when how to curb the investigation organ to expand the understanding of the three kinds of crime, and how to prevent the suspect committing other crimes after they dubbed this three kinds of crime, and then in the residential surveillance designated residence? In fact, in home surveillance designated living isn't specified, but say, home monitoring our living will most likely alienation of torture to extract confessions and restriction of personal freedom of the place. The suspect in the home surveillance designated residential power more not protected, so, we in the designated place to residential surveillance, mostly consider criminal suspects rights can not fully guarantee.

  In this regard, we when restrictions investigation authorities in the home surveillance designated residence, to protect the legitimate rights of criminal suspects to the full security, but also is a serious violation of the possible. And, the criminal suspect in custody during the longer, secret detention, violations of the right may be greater. Especially in the home surveillance designated residential, in the investigation organ hand control of residential surveillance, criminal suspects can not see his lawyer, also can not exercise the rights of their own. As long as the "suspected" will be designated residential surveillance, so, "73" is in this term, became close to catching clause hundred-percent, in such circumstances, how can we prevent the abuse of "73"?

  Still, before the country is not the designated residence "residential surveillance", but has no legal support. Party rules and regulations in the "double" is another form of designated residence residential surveillance, now, the criminal procedure law "applicable object under" from the party members and cadres over to the general public. If, ordinary people also like "enjoy" party members and cadres of the treatment, then, is not only the right lack of relief, and how to better protect the legitimate rights of people detained.

   Furthermore, "the second half of the 73" relates to notify the family under surveillance after. This article has a restrictive clause is in addition to not notice, then, how to understand not notice into focus. Moreover, we also believe that justice will explain. However, under the current technical conditions, is still unable to inform the situation. This cannot be informed, if there could notice, but do not want to notice, not to notice, how to explain the word can't notice. This could not be, is exhausted other means or just call not to belong to not notice, or say, not notice will not become a pretext not to notice, and the purpose of secret detention and arrest. After all, in a limited right of national, local is not very clear to any legal rights will inevitably abuse. Here cannot tell how to explain, and how should understand, in this, I think, to not notice should be defined as the exhaustion of all notice means, and the end of all kinds of means, shall be made by the investigation organ presented evidence, if not the end all kinds of notices, it shall bear the consequence of illegal procedure. However, the criminal law has not stipulated in the "73" if the investigation organ shall not perform the obligation of notice, what specifically should bear the consequences. I suggest, this result should be relevant responsible person to assume administrative responsibility, and, in the suspect criminal penalty should consider a lighter or reduced. And if, the suspect is being wronged, then the final state compensation should also increase the amount of compensation, to make the criminal suspect in unable to inform the spirit damages suffered by family circumstances.

   I think that cannot be exhaustive method, the end, should reflect all can think of notification means should be used, such as telephone, mail, other relatives or friends, notice to link suspects the police station where they are residing. In short, we must safeguard the legitimate rights and interests of the criminal suspect in the case investigation of cases, and should not limit the exercise of the rights of criminal suspects. If at this stage, the investigation organ shall not notify the family, so that should provide legal assistance for its, in order to protect the legitimate rights and interests of the criminal suspect, only so, added in the criminal law to safeguard human rights clause, the suspect's human rights can be effectively protected.