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The Function Of Detention Center In Our Country

Posted on:2016-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:M YiFull Text:PDF
GTID:2296330473450160Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China developed from Xia dynasty’s slave system society into feudalistic society and now a socialist country, whose detention house system has also changed gradually. In the first place, the detention house was not separated from the prison for guaranteeing the criminal investigation function as well as the whole judicial proceeding. The word of “detention house” firstly appeared in the late Qing dynasty. And detention house has two more functions of protection the human rights and labor reeducation in the period of republic of china. Compared with it, the function of extraterritorial detention house is relatively single. With the legal system becoming more and more healthy, we have to rethink the current location of the function of our detention house. It’s not difficult to see that under present circumstance, different functions appear to conflict with one another. For instance, the conflict between the criminal investigation and the protection of human rights and the conflict between the labor reeducation and the protection of human rights, not to mention that the present detention house is inept to accomplish the function of reeducation. The function of criminal investigation itself is against the concept of the rule by law; the function to protect human rights is also hard to reach. And there is a so-called supervision and restriction function that falls short of its title.We have to rethink the reasonable location about the function of detention house through the aspect of multi-functions according to Functionalism: The lawsuit protection is to be highlighted; the idea about detention ought to be changed; the human rights protection needs to be paid more attention; the criminal investigation and reeducation should be deleted and the supervision function is supposed to be reinforced. The function implementation of detention house can be achieved through such measures as the improvement of the concept of law, the enforcement of the supervision of law and the management of detention house by justice bureau. These measures assure the independence of the detention house in criminal proceedings so as to better protect the human rights of detained persons in detention house and make sure that the lawsuit goes on smoothly.
Keywords/Search Tags:detention house, lawsuit protection, reeducation, human rights, criminal investigation, supervision and restriction
PDF Full Text Request
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