Curb The Detention Center Violence And The Detention Center The Reform

In one country, the detention house is always regarded as a kind of occasion in which the human rights of the detainees are violated. Even after several abnormal-death events like"peek-a-boo"event, which further caused the public's dissatisfactions and criticisms, the violence in the detention house gradually evolved into a social problem. Owing to the relatively enclosed and rather administrative character of the detention house, it lacked due attention and research before. However, the reformation of the institutions of detention house becomes the top one task of the juristic revolution.The research, which about how to curb the violence in the detention house and put forward the countermeasure on the reformation of the related system has the important practical significance to safeguard the lawful rights and interests of the defendants and develop socialist rule by law and practice the"three key work"of the national political authority. This paper, by researching the most prominent detention violence phenomena of the prison violence, analyze the forms and causes of detention violence and the problems of detention system especially the custody system reflected by the detention violence phenomenon and comment the common characters and the use for reference of the foreign custody systems, in order to explore the countermeasures of detention violence and put forward to the basic idea in theoretical and legislative, judicial and administrative aspects of the reformation of the detention house from the perspective of the law.In this paper, there are three types of detention violence: the violence imposed by supervisor to the detained person; the mutual violence among the detained person; the violent resistance and prison breach of the detained person and so on. The problems and defects of detention system in China are the conflict between purpose and the attribute and function of the custody in detention house and the fundamental system vacancy on legal custody, rationality of the place-settings, the effectiveness of judicial control, the protection of detainee's right, etc. The Detention Ordinance no longer fits the requirements of the development of rule of law in our country, and it is necessary to realize the neutral position of detention house and set rules of criminal detention by legislations. The way to curb the detention violence is to set the view of rule of law like human rights protection and the presumption of innocence, to reform the related system of detention house in the legislative, judicial and administrative angles: Perfecting internal management system of detention house; Strengthening judicial control to gradually realize detention neutral; improving the detention legal system, enacting and perfecting the detention law; improving external supervision mechanism of detention, etc. Two great transitions are to be realized: firstly, transfer the detention jurisdiction to the judicial administrative departments from the public security organs; secondly, transfer the judicial control to court.