China Human Rights Protection System In Custody To Explore

Detention is a kind of ancient law system which,in essence,deprives a suspect or a defendant of personal freedom by taking him or her into custody in a specialplace in a certain term in order to guarantee the compulsory measures enforced in acertain legal orden Pretrial Detention refers to the state of being detained in whichsuspects or defendants aren't divested of personal liberty until they are adjudicatedand their court decisions go into effect. And it,denotes"arrest and custody"in ourcountry,China.China's present pretrial custody system exposes a large number ofmalpractices in operation,which has become one of the social hot-spot issuesfollowed with interest by all walks of life.the Term of detention depends on thelitigation term,many problems,such as the punishment function of detention,thetransgression of proportionate principles , the non-judicialization of the application ofcustody,nihilism in detention remedy,are still an outstanding manifestation in China's current pretrial custody system abuses.Aimed at the abovementionedabuses,Our government has ever launched main means ofthe sport managing for threetimes with raising judicial personnels responsibility and tightening punishment ofthose who violates the rules and the disciplines,but it is ineffective.Reconstructing the system of pretrial detention is the only way t0 solve the abovementioned abusesthoroughly.The author,on the basis of comparing and reflecting the pretrial custodysystems at home and abroad,puts forward:We should establish and improve theprecautionary measures prior to detention,the supervision control in detention,andthe litigation behavior invalid system and the mechanism for the illegal custody investigation,introduce the judicial review system and practise the legal doclrine of arrest writs or warrants stipulate the longest detention term , In the provinces , autonomous regions and municipalities(directly under the Central Government),two-level public-security law courts shall be established to review the whole process of the pretrial custody for suspects and defendants;the places of detention where suspects and defendants are detained after being arrested shall be transferred to be under the management of the detached—administrative departments of justice;and procuratorial organs shall be endowed with the right of suggestion on detention,to perfect compulsory measures of nondetention and improve the system of advocacy in the investigative phases.The accountable mechanism shall be const9ructed to carry out the principles of compensating for the illegal custody cases in an all—round way,and according to law,to investigate the personnel in charge and other persons responsible who committed the crimes of false imprisonment,prosecuting them for their criminal responsibilities,prevent and decrease this kind of illegal detention cases from happening,and hereby safeguard the legal rights of suspects and defendants in real earnest.The public security organs deprive the personal freedom of the criminal suspectand defendant by placing them in detention centers before the court ruling.This kind of coercive measure is called pre-trial detention that aims to ensure the implementation of detection and prosecution of cases.The implement of pre-trial detention,which is mandatory,punitive and preventive,Can guarantee the punctual appearance of the suspect and defendant in court and secure the possible penalty in the future.The detention house is the main place for the implementation of pre-trial detention.On purpose of protecting the smooth conduct of criminal proceedings,this department detains the criminal suspects and defendants who are arrested and detained according to law.The mission of it is to make them in custody and make the investigation and trial go successfully.Although the personal freedom right of the pre-trial detainees is limited,his other fundamental rights,such as the rights to life and health,are to be protected by the Constitution and laws.This temporary deprivation of rights to personal liberty will infringe upon other fundamental personal rig,s of them during the process of custody.For example,torture and abuse will not only violate the detained person the rights to life and health but also generate to miscarriages of justice.The process of custody is possibly be prolonged,this time extension prone to transform into extended and covert detention.The rights to personal freedom,freedom of communication and secrecy to be informed as well as the right to freedom from torture and other basic rights,which the detainees enjoy in the process ofpre-trial detention,ale also violated.This thesis attempts to study the current situation of human rights during pre-trial detention,the causes and problems of it in China from the perspective of human rights.The following measures aim to protect the rights of detainees from being violated:First,to strengthen legislation;to establish and perfect the legal system of pre-trial detention;to strict accountability system for law enforcement fault.Second,to carry out the neutral system of detention center;to perfect the detention center's monitoring system.Third,to enhance human rights education of the detention center's supervisors and improve the overall quality of care personnel.Fourthly,to separate the places of detection and detention;to isolate the handling period and detention period.Finally,to establish the victims'relief system,So that the personal fights of the detainees could be relieved.