Study On The System Of Administrative Detention In China

The right to personal liberty is the fundamental human right protected from the basic constitutional. Adopt limiting personal freedom countermeasures, must be strictly restricted. In order to assurance of human rights, limited power, in2006, the China Public Order Management and Punishment Law has greater enrichment, at the same time, the chapter Procedure of Punishment and Oversight of law enforcement made provision with detailed and exercisable. The system of administrative detention except the limited enforcement arrangement, t is one of the administrative punishment of public security management. Compare with the area of criminal law, the administrative attachment seems to be ignored by people, its problems are raley under observation and researched. This paper begin form the reformation of system of administrative detention, go along the skeleton of administrative detention system development, compare with the foreign legal research. Analyse the conception and characteristic of system of administrative detention in China, and then relate and analyze decide the main, determination procedure, our system of administrative detention, supervisery mechanism and relief program problems on our system of administrative detention. On the end, basic on human rights protection, citizen participation, judicial review and relief of the right four principles corresponding solutions.