Researching On The Protection Of Personal Rights Of The Persons Who Are Pre-trial Detained

With the vigorous promotion of theory and practice, the protection of human rights in criminal procedure field has got slow development. At the same time, the "duomaomao" accident reminds us that the protection of human rights can not be forgotten, we need to pay more attention to the protection of human rights. The persons who are pre-trial detained are facing the illegal interrogation of police organs, the violence from the overlord in prison and detention house, and the help from lawyers can't come true frequently. How to protect the rights of the persons who are accused especially the rights of detainees is very important.The first part of this paper mainly discusses the concepts concerning the personal rights of the persons who are pre-trial detained. The main concepts include:the persons who are pre-trial detained; personal rights; personal rights of the persons who are pre-trial detained.The second part introduces the problems existing in the protection of personal rights of the persons who are pre-trial detained. Problems include:illegal custody phenomenon; prison villains'existing; the police take the persons who are pre-trial detained out for interrogation; public prosecutors and detention policemen failing to take responsibility; the goal to set up the lawyer system can't be fulfilled.The third part introduces the reasons why personal rights of persons who are pre-trial detained can not be protected. The reasons include:the great number of persons who are be pre-trial detained; the leadership structure of detention house; prison villains'existing; relevant articles of the criminal law are not working; defects in part of the judicial personnel's professional quality; the effects of lawyers are not enough; the country's investments to detention house are insufficient.The fourth part mainly researches for foreign countries'legislation.Based on the discussion above, the last part researches the way to solve this problem. The solutions include:taking control of the number of persons who are pre-trial detained; the establishment of China's visitors'inspection system of detention place; strengthening the effect of procurators'supervision for prison and detention house; changing the police's mind in the interrogation; establishing the accountability mechanism for the judicial personnel's illegal behaviors; improving the country's investments to detention house.The research methods of this paper include:comparison analysis, historical analysis, and legal interpretation methods.