The Supervision Of Detention And Protection Of Human Rights

The "hide-and-seek" affair happened in Jinning county of Yunnan Province in2008brought unprecedented public attention and pressure to the detention places. The detention-which performed as a component of supervision agencies-therefore had come into sharper focus inevitably.The Regulations on Detention Centers coming into operation from Apr.2012especially emphasizes human rights protection and brings great opportunities and challenges to the detentions.In this study we summarized the management education in detentions and the execution of the newly issued the Regulations on Detention Centers. The author also analyzed the problems encountered in practice and their grounds. Based on those the author proposed countermeasures and suggestions which aimed to improve the works in detentions in our country.This study includes five aspects:introduction, the property of detention in our country, the development history and present situation of the detention, the reflection of human rights protection in detention regulations in the new era, the reflection of human rights protection in the Regulations on Detention Centers and related laws and regulations, as well as the problems encountered in practice and corresponding suggestions.The detentions in our country are set up by the government and managed by the public security organizations. Their detention objects include those who were lawfully sentenced to administrative detention, judicial detention, detention of site compulsory administrative measure properties and detention for examine.In the early stage the detention detained only those who were ruled as security detention, for which it was called security detention. Moreover, majority of the detentions merged with the watch houses for the restriction of land and fund,The Regulations on Detention Centers issued in2012clearly defined the detained objects, the setting requirements, the fundamental infrastructure, the funds guarantee and the management measures, which further standardized the law enforcement and guaranteed the human rights.Today the assurance of human rights in the detention management mainly includes the following aspects:innovating the management measures to enrich the content and forms; carrying out social help and education to promote the corrections effectively; opening to the outside world, showing image and accepting supervision; promoting conflicts resolution and serving harmoniously.The assurance of human rights in the Regulations on Detention Centers and related laws and regulations mainly reflects in the following aspects:right to live, right of life and health, right of personality, communication right, right of action, reflection of management measures of humanistic care and so forth.The content of the Regulations on Detention Centers is simple, while the character of the detention is ambiguous and it power is limited. These drawbacks bring a great deal of problems to the daily management of the detentions. Accordingly, to make the management of the detentions more efficiently, it is urgent to establish feasible rules of law enforcement, and empower the detentions with "judicial power of suggestion" referring the management means of prisons.