The Theory Of Detention Center Positioning Function

"People’s Republic of China Regulations detention" since March 17,1990 issued by the People’s Republic of China State Council Decree No.52, from the date of promulgation. Since this legislation promulgated, effective protection of the investigation, the successful prosecution and trial work, the state established by law in custody was arrested, the symbol of the legal system to commit criminal detention.However, twenty years, in practice, implementation of the "Detention Center Regulations" are gradually exposed many shortcomings, such as in the service litigation system, the range is set relatively backward, affecting the current equity and social justice. Thus, according to the provisions of existing laws and regulations, the paper from the development status and of the detention center to proceed, superficial investigate whether the detention regulations should be repealed and detention legislation, reposition the functions of the detention center, the real and the newly revised "Code of Criminal Procedure "dovetail serving as the center of reforms to trial litigation system, further improve the system of detention in custody.The first part introduces the theoretical basis of the development of the detention center. First, since the founding of the detention center dating back up the development process, and then leads to the detention center in the background, to the countries to develop according to the procedure outlined in "detention center regulations", after a lengthy development process from scratch, and then leads to the detention center functions. Secondly, the brief detention of the concept, characteristics and classification. Finally, turn to the question of this article, a study of the functions of the positioning of the detention center, detention center leads to functional areas.The second part of the detention center custody system and the civil law of Germany and Japan compared. Custody constraints starting from pre-trial detention center noted that the determination of custody functions directly related to the protection of the rights of detainees, not only by the impact of the legislation’s subjective, and influenced by the country’s political system and legal theory factors and other factors. The main problems of the current detention center regulations are:one is not a complete and comprehensive special laws to regulate behavior Detention Centre; the second is the function of the provisions of the existing "detention center Ordinance" has lagged behind the development of the current situation, for example, detainees call for the "prisoners", etc.; the third is still in investigation mode centrism led custodial investigation is not fully implemented the separation system, the detention center to serve the main investigators.The third part, to expand the functions of the detention center analysis. With the rapid development of society, the process of the rule of law, the rights of detainees are more and more attention, the world does not stop the development and improvement of detention regime, uninterrupted strengthen protection of the rights of detainees, such as gradually standardize the behavior of the investigating authorities in the investigation, scientific and reasonable to unnatural deaths of detainees within the detention center were deep investigated. In order to better protect the rights of detainees and standardize the range of functions of the detention center, detention center actively promote the legislation is necessary, it has a strong practical significance, one is the inevitable result of the process of the rule of law in our country, the second is the inevitable trend of investigation and trial regulate behavior, the third is to serve as the center to the trial proceedings necessary requirement for judicial reform, four of the criminal legal system is necessarily reflected sound and mature.The fourth part lockup function reposition legislation envisaged. From the current situation of the detention center and to start the development process, the scope of existing functions to the detention center normative orientation was explored. First, in the normative scope of the detention center custody system, I think we should put in custody pending personnel and has decided to detainees held separately incorporated into the scope of legislative norms. Secondly, in terms of higher authorities the detention center, detention should be placed under the jurisdiction of the judicial and administrative authorities, maintain the relative independence of the detention center, the only way to better protect the legitimate rights and interests of detainees.