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To curb detention center violence and the detention center Reform

Author: LiuChenZuo
Tutor: JiXiangDe
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Detention Center Manifestations of violence Causes Reform ideas
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 149
Quote: 0
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Abstract

In China, the detention center has always been considered to be a prone to violations of human rights of detainees place. Especially in the series of the detention center \Of the detention center is a relatively closed, \\Study how to curb detention center violence from the source, countermeasures proposed reform of the detention center of the system, not only has the important academic value and profound theoretical significance, for the protection of the legitimate rights and interests of the prosecution of human, development of the socialist rule of law and practice the national law enforcement authorities \This article hope through the most prominent Detention Center from prison violence violence paper studies the detention center, the manifestation of its general causes of the violence, and then analyzes the existing problems in the detention center of violence reflected the detention center system. Finally, based on the reference the extraterritorial detention system progress of the exploration to curb detention center violence countermeasures, and from the point of view of the rule of law to the detention center reform concept level and the basic concept of the legislative, judicial and administrative practice level. This paper argues that the detention center violence mainly includes three categories: regulatory regulators Violence, violence between supervisory staff and regulators violent resistance or jailbreak behavior. Problems and defects of the detention center system, reflecting the purpose of the custody of the detention center in China with its properties and functions, places to set up judicial control effectiveness and the protection of the rights of the detainees there is a fundamental conflict, custody statutory the system becomes vacant. Ordinance of the detention center of the People's Republic of China no longer meet the requirements of the development of the rule of law in China, it is necessary to achieve this level in the legal custody of neutrality, Detention Center custody statutory and establish relevant supporting legislative system, the power to regulate the custody of the detention center fundamentally exercise and the protection of the rights of the detainees, to reduce the detention center, the occurrence of the phenomenon of violence. To curb the the Detention Center violence, to strengthen the first to establish the concept of the protection of human rights and the presumption of innocence and the rule of law. The same time, from the angle of administrative, judicial or legislative reform of the system of the detention center in China to improve the professional quality of the judicial and administrative personnel; improve the detention center's internal management system; strengthen judicial control, the progressive realization of the detention center is neutral; improve the detention center, the legal system, to develop and improve \detention center \The final two major changes: First, the jurisdiction of the detention center by public security organs to judicial and administrative departments; turned to the court by the prosecutor of the right to judicial control.

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