Analysis Of The Neutrality On The Detention Center’s Functions

In China, the detention center is to protect the smooth conduct of criminal proceedings and criminal detention established by the state authorities. Its nature contains three meanings:Country property, criminal property and custody of property. The main detention center has law enforcement, regulatory and supervisory functions of the three, and its functional activities throughout the entire process of the criminal activity. We can say that the detention center status directly reflects the degree of civilization in politics and constitutionality. It also plays an important role in maintaining a stable economic and social development process.Currently, the fundamental issue is the survival and development of the functions of the detention center positioning of the detention center, which is not only related to the protection of fundamental rights of citizens, but also essential to carry out the implementation of the Code of Criminal Procedure of the basic system. Whether it is our country, there is a serious misunderstanding of the legislative or judicial practice function orientation of the detention center.2012 newly revised "Code of Criminal Procedure" Although the functions of the new detention center were positioned such that the detention center of the legal status of neutrality has been significantly improved. However, in judicial practice, mainly responsible for criminal detention in custody tasks, while still carrying a lot of functions such as auxiliary investigation, short-term punishment execution, such institutional arrangements leading to its pros and cons are very obvious. In criminal proceedings the target is more emphasis on the fight against crime in the past, the main purpose of the public security organs to control places of detention is to facilitate the trial proceed, it is to carry out "root out crime ’future work needs. However, the "hide and seek" incident occurred in 2009 and after "bath dead", "dead sleep" and many other unnatural deaths in custody, causing a media issue of great concern to the detention center, was exposed in Zhejiang province in 2013. "Zhang Hui, Zhang Gaoping Case of rape and murder justice" set off a firestorm of public opinion again, but also makes the functions of the detention center of the new neutral transition even more urgent.In Western countries, studies on places of detention, detention system is relatively perfect system are widespread detention neutrality, mostly to achieve the separation of investigation and detention, to avoid the investigating authorities to facilitate the use of detention for detainees to take various inappropriate or illegal investigative techniques. Furthermore, in order to protect the legitimate rights and interests of detainees, often able to actively and effectively supervise the legality of investigation activities, and its related systems and experience for the functions of the detention center stage neutrality new positioning has a very useful reference.According to the latest news, led by the Ministry of Public Security detention law drafting work is actively underway. According to the conditions in the detention center under the current management structure remains unchanged, the legislative detention laws locating the transition from past service handling litigation for equal access to services, and the establishment of independent agencies detention center position in criminal proceedings, it should be functional positioning of the detention center direction and goals. How to reach and improve the functions of the neutrality of the detention center, making it a truly neutral conferred by law, is an important issue in the detention center legislative and judicial practice.The author first bring forward the introduction, the background and research significance of the study and pointing out the content and methods of research, then described the study of innovation in this paper.The dissertation is divided into three parts:The first part of thesis is the analysis of neutralize concepts for the detention center functions. The main content is to explain the concept of neutrality in the functions of the detention center. The study proposed foreign detention neutral reference through a comparative study of foreign detention neutral system.The second part is transformation of functions neutrality for the detention center. By listing of shortcomings and deficiencies in our existing detention laws, regulations, the tractate pointed out the past and current judicial practice of detention function orientation problems and misunderstanding, then explained and demonstrated the transformation of neutralizing functions the of the detention center.The third part is the perfect proposal of the detention center functions to neutralize. First of all, Countries should develop "detention law"; the next is to reform of the detention center management mechanism; once again is to protect the rights of detainees; the finally is the suggestion of the legal supervision for the detention center activities.