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The Mechanism Construction Of Legal Rights That Procuratorial Organ Protect Pretrial Detainees

Posted on:2017-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y H XiongFull Text:PDF
GTID:2296330482964499Subject:Law in Practice
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Because detainees’freedom is limited, human rights protection status has been a sensitive topic of most concern to the international community, and also it is important way to measure and reflect a level of human rights guarantee in this nation. In 2009 February, Jinning County of Yunnan province to guard the detainees Li Qiaoming was the same prisoners beaten to death.sparked national attention "hide and seek" event. Thislandmark event for the originator, the social from all walks of life of such places, especially the degree of attention of detention in custody status rights high hit her to unknown,requirements of the people to strengthen the punishment Execution and supervision of hit her to unknown calls for strong. But a lot of people to the nature and the task of detention are not very understanding, that detention is a prison, all incarcerated people are criminals, because they have no chance to be personally on the scene feeling lockup detainees life live, mentioned the detention house, mind is often the old jail jail torture lens to exploit the abuse of prisoners, "in fact, the detention centercustody according to law is arrested, detained personauthority", these unsentenced detainees also can not be called a criminal, because according to the presumption of innocence, the object of the detained criminal suspects.defendants were not sentenced shall be deemed to beguilty but in the practical management, because this kind of object of Ideological and emotional changes, for security considerations often on the part of the pending object to take more stringent management measures, how to protect their rights and interests?Therefore, the second half of 2013, the city’s Procuratorate investigators where a deep city guards of the pending the detainees were obtained byquestionnaire,413 survey data, the author has been engaged in the. In the questionnaire, the investigation personnel set up 24 research projects, explain in detail the specific requirements of each survey project, letoutstanding detainees in the elimination of all ideological concerns situations, objectively reflect the existing problems. It is found through the investigation, detentionpending the detainees of the legitimate rights and interests and did not receive due protection and maintenance. It has special advantages and functions ofthe procuratorial organ detainees pending interests insecurity aspect, from the criminal suspect, defendant in custody until the release of all time, prison supervision.Therefore, the procuratorial organ is an important force tosafeguard the rights and interests of pretrial detainees.The procuratorial supervision and protection of the rights and interests of pretrial detainees has close ties, thesupervision and how effective, security situation is directly related to the pending custody rights. But the currentprocuratorial supervision does not adapt to the new situation, it needs a lot of problems to be solved anddifficulties, this article pretrial detention working mechanism, the necessity to perfect thedetainees review pending complaint handling mechanism,promote the pretrial detention performance evaluationmechanism. strengthen the supervision of the prosecutionguarantee the lawyers met the right constructed mechanism,improve prison informatization construction of procuratorialmechanism etc, puts some concrete suggestions on The Mechanism Construction of Legal rights that Procuratorial Organ protect Pretrial detainees.
Keywords/Search Tags:Pretrial detainees, procuratorial supervision, legal interest, mechanism construction
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