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Detention Center neutrality study

Author: LiXueRui
Tutor: MaGuiXiang
School: Fudan University
Course: Legal
Keywords: Detention Center Neutral Protection of human rights Judicial and administrative authorities
CLC: D631.7
Type: Master's thesis
Year: 2011
Downloads: 66
Quote: 0
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Abstract


In China, the detention center under the public security organs, are responsible for the detention of suspects, defendants and the execution of the penalty functions criminals judgment after the commencement of the term of imprisonment shorter. Detention center belonging to the institutional design of the public security organs, breaking some sort of balance in the area of ??criminal proceedings, there are many drawbacks in practice, has aroused extensive concern in the community, has also been questioned by many people. Confusion detention center positioning and the concentration of power, not only to make the detention center can not be rule of law in their own management, but also a direct cause of extorting confessions by torture of repeated. Forced confessions reason why central strictly prohibited under high pressure still occur, an important reason is that the detention center is under the management of the public security organs, public security organs as the primary investigative authority, responsible for prisoners, after all, so that the suspect, defendant could not escape fate as investigative tools, the means of criminal prosecution. Practice, the detention center is reduced to a second criminal investigation places of public security organs, the suspect, the defendant was held in the detention center, it seems to be locked in a black box can not see the sun, this is because the detention center in the investigation, prosecution authorities under the control of the suspect, the defendant in the isolated state, it is vulnerable to the threat of the investigative organs, deception, inducement or even torture. Their basic rights can not be guaranteed. Our current detention center membership status has become increasingly deviate from the requirements of the protection of human rights in the world. At present, the international organizations and the countries of the world are seeking ways to protect the suspects, the rights of the accused. Places of detention for the suspect, the defendant set, although the provisions of the same world, but are neutral system exist to varying degrees of detention facilities, places of detention under the control of third parties in a relatively detached ensure detection v. Criminal separation is the development trend of the world. In China, how to make the detention center should be neutral and detached, to ensure that the suspect, accused the effective enjoyment of the rights provided for by the Code of Criminal Procedure, to ensure that the investigation, prosecution and trial work carried out smoothly, the reform of the judicial system in China an important issue. As an effective solution to the detention center separated from the public security organs, making it part of the judicial and administrative authorities should be in the direction of China's judicial reform. Firstly, a brief analysis of the detention center neutral system, and thus the extraterritorial similar detention center neutral system requires a comparative analysis with practice of the neutral necessity and feasibility of the detention center, and finally put forward concrete proposals for reform and for China to establish a detention center neutral system and countermeasures.

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