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我国的强制措施有多种,其中监视居住强制措施长期以来饱受诟病,甚至对其存废也有不同的声音。本文在现有的强制措施构架下,结合立法现状以及司法实践,分析我国监视居住强制措施存在的问题,并有针对性地提出解决问题的办法,以期在实践中不断摸索,探索惩罚犯罪和保障人权的平衡点。
There are many kinds of compulsory measures in our country, of which the surveillance of residential compulsory measures has long been criticized and even voiced with different voices for their existence and abolition. Under the existing compulsory measure framework, combining with the status quo of legislation and judicial practice, this paper analyzes the existing problems in monitoring residential coercive measures in our country and puts forward some solutions to the problems in order to constantly explore and punish crime and safeguard in practice The balance of human rights.