Exploring The Road Of Reform And Management Of China 's Detention Center

With the convening of the Fourth Plenary Session of the 18 th Communist Party of China, governing the country according to law has become an absolute requirement in order to comprehensively build China into a moderately well-off society, to realize the Chinese Dream of grand revitalization of Chinese people, and to comprehensively deepen reform, perfect and develop socialist system with Chinese characteristics. It has also become the theoretical basis and practical guarantee of the new round of judicial system reform and innovation. The fundamental of exploring our country’s detention center governance reform is to protect the lawful rights of detainees because that is a citizen’s basic right stipulated by Chinese Constitution. It is also a major initiative that conforms with progress of time, development of society and expedition of people. More importantly it is a key component and judicial system reform under the principal of governing the country according to law.The author believes that the core of detention center governance reform and innovation is to deeply research the protection of detainees’ lawful right. At present, regarding the governance of detention center, we still face the virtual problems of incomprehensive legislation, non-conformity of many laws and regulations to the need of reform and development, urgently needed improvements of regulating law enforcement, as well as internal and external supervision and control capabilities. The new China Criminal Procedure Law has many new clauses regarding guaranteeing human rights. The public Security department-in-charge also emphasized that protecting human rights is a major topic of Public Security governance, and it is crucial to safeguard detainees’ lawful rights such as Life and health right, privacy right, legal assistant right, litigation right and political right etc, in order to build detention centers into a major show case of safe and regulated governance, and judicial civilization.The innovative points of the article lie in:1. It suggested detention center legislation from the perspective of guaranteeing human rights under the background of governing the country according to law advocated by the Fourth Plenum of the 18 th CPC central Committee.2. It researched detention center governance system according to China’s unique Situation, and contemplated and discussed potential reform of the system.3. It examined the control of detention center bully through innovative prevention mechanism, and suggested using behaviors while under detention as a factor of determining a harsher or lesser sentence.4. It comprehensively promoted the establishment of legal assistant station in detention center, and suggested lawyer-on-duty policy and use of modern technologies for lawyer visit reservation.5. It discussed Supervision of detention center governance through the combination of internal and external channels.6. It urged the perfection of sealed-record regulation for juvenile detainees.7. It advocated creation of conditions to guarantee detainees’ political right.8. It discussed strengthening detention center medical care system to protect detainees’ life and health right, and purchasing preventive-care equipment.9. It discussed detention-center-guard team building under new circumstance, scientific arrangement of duty operation, and establishment of detention center quality management system, in order to provide guarantee and basis to practically safeguard detainees’ lawful rights.