Legal Studies On The Reform Of Detention House Management Mechanism

The historical development of the detention house is one-dimensional. Too much emphasis has been put on the custody and reformation of detainees, deeply investigation of crime and cooperation in the punishment of criminals, while the function of the protection of human rights has not been manifested. It is closely related to the global situation of historical development of the construction of China’s legal system. In the historical conditions at that time, it is difficult for the functional orientation, management system and specific system of the detention house to include the elements of modem rule of law. However, along with the proposal and implementation of the strategy of governing the country according to law. another trend in the historical development of the detention house emerges. In the2nd Session of the1lth NPC in2009, a number of representatives brought in bills. Liu Baiju. a CPPCC member suggested that the "Law of Detention house" should be formulated so as to comprehensively regulate the detention house system. As a response to public concern, as well as the non-normal deaths of detainees in the detention house, in April2009, the Ministry of Public Security and the Supreme People’s Procuratorate launched an inspection of law enforcement in detention houses which has been the largest in scale in the history of New China. Many experts actively suggested that, according to the requirements of "the Legislation Law of the People’s Republic of China", it should be should be regulated by laws because the detention house directly involves the deprivation of and restrictions on the rights of citizens.Detention house is the authority that takes the accused and suspect who have been arrested and criminally detained into custody in accordance with the law. Our pending custody is in the charge of detention house which should be managed by the public security organs in institution. Therefore, China’s pending custody is actually carried out by the public security organs, namely investigation organs. Western countries’ research on the detention houses and the detention system is relatively sound and they universally implement the separation system of investigation organs and detention houses. They place detention houses under the control of the third-party authority, thus preventing the investigation organs from taking various kinds of inappropriate or illegal investigative techniques towards detainees by taking advantage of the custody.In this paper, the author attempts to discuss and reflect on the status of the detention house management mechanism, and make some recommendations on the detention house management system by the comparison with the status quo and the system of foreign prisons.The paper is divided into four parts:The first part is the introduction, which mainly introduces the issue, the status quo and methods.The second part is an overview of the detention house and its management mechanism. The main content includes the history, the nature and functions as well as the management mechanism of the detention house.The third part is the problems existing in the detention house management mechanism and the reasons. It can mainly be summarized as the following aspects:the problems of extended detention are serious; forced confessions is difficult to be completely eradicated; guarding policemen are self-abased and negative; institutional facilities need to be improved; the procuratorial system is not perfect enough; and rights relief mechanism is scarce.The fourth part is the reflection on the reform of detention house management mechanism. The reform suggestions are mainly made on perfecting legislation for pending custody, adjusting the jurisdiction of detention house, perfecting the incentive mechanism of talent cultivation, establishing and improving mechanism equipment, improving the inspection and supervision system and establishing rights relief system to improve the detention house management mechanism.