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在刑事诉讼法规定的五种强制措施中,监视居住处于最为“尴尬”的境地:在理论上,较少为学界所关注;在实践中,较少为公安司法机关所采用;在刑事诉讼法即将进行再修改之际,再一次面临着存废之争。①在有关学者拟定的“刑事诉讼法(第二修正案)学者拟制稿”中,明确取消了监视居住措施。[1]而
Among the five kinds of compulsory measures stipulated in the Criminal Procedure Law, residential surveillance is in the most embarrassing situation: in theory, it is less concerned by academic circles; in practice, it is less used by public security and judicial organs; in the Criminal Procedure Law On the occasion of further revision, once again faced with the dispute of deposit and withdrawal. ① In the “Proposed Draft Criminal Procedure Law (Second Amendment) scholar” drafted by the scholars concerned, the monitoring residential measures were explicitly canceled. [1] And