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Detention Center Neutral Study

Posted on:2012-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:X R LiFull Text:PDF
GTID:2206330335997497Subject:Law
Abstract/Summary:PDF Full Text Request
In China, detention houses pertain to the police. They take the duty of detaining criminal suspects, defendants and part of criminals whose terms of imprisonment are comparatively short. The system that detention houses belong to the police blocks the balance to some extent in criminal lawsuit fields,There are many drawbacks in practice,,which has attracted wide attention, has also been a lot of oppugns.Positioning chaos and concentration of power in detention houses,which not only make detention house management not be legalized, but also be the direct reason of torture ruling long-standing. The torture in the central government prohibiting seriously and high-pressure bystill happens from time to tome, an important reason is that the detention houses are in the management of police. Police is the main spying organ as well as an executing one, which makes it impossible for criminal suspects and defendants to break away from the fate of being tools of spying and prosecuting. Thus,Detention houses descend to the second spying of the police.Criminal suspects, defendants are held in detention houses,which seems like that they are thrown into a black box without sunshine.when detention houses are under the control of the spying and prosecution authority, Criminal suspects, defendants are in isolated state from the outside. They are easily to suffer from threatening, deceiving,inducing, even torture. it's difficult to protect their fundamental rights.This situation in China is lapsing from the requirement of human rights protection of the world. Now international organizations and many countries are looking for ways to protect suspects' as well as defendants' rights. As to the setup of where to detain criminal suspects and defendants, it's the trend to put this place under the control of an adiaphorous part and make spying, prosecuting and executing separate although there are many differences between each country.How to make detention houses have their neutrality and transcendency which they should have, to protect the rights of criminal suspects and defendants according to criminal procedural law, and to make "the work of spying, prosecuting and judging be carried out successfully", is one of the important tasks of the reformation in China. As an effective way, it should be the trend of judicial reformation to break detention houses away from police and put them under the control of judicial administrative organs.This article will first Summarize the neutral system of detention houses,then combine foreign detention neutral system in a similar, meanwhile analysis the necessity and feasibility of neutrality of the detention houses, and put forward concrete reform Suggestions and countermeasures in the neutral system of detention houses.
Keywords/Search Tags:detention houses, neutrality, human rights security, Judicial administrative organs
PDF Full Text Request
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