On The Reform Of The System Involving Detention House

"Hide-and-seek" event in 2009 and other similar public events exposed many problems in the operation of our detention house system. And they lead to the social public outrage and legal science introspection. Different from the Pending custody system of main countries in Anglo-American law system and continental law system,the function orientation of our detention house system is neither human rights protection nor criminal lawsuit activities operate smoothly.The undefined function orientation has influenced the relation between investigation and custody in our detention house system.Keep up with the trend of the era of international calls for Human rights protection, the revision of our criminal procedure law in 2012, bringing "respect and safeguard human rights" into the general, and the specific provisions clarifying investigation and custody issues in the detention house system in detail. So far investigation separated from custody in our paper rule about detention house system. However, this is not the case. Investigation mixing with custody for a long time which caused torture in detention house frequently, a serious violating the detainees' rights seriously, damaging the judicial credibility, hindering the process of our law construction. There exist reasons both in traditional culture and in realistic system,we must carry out corresponding reforms. First of all, based on the principle of presumption of innocence, establishing the status of detainees by the function orientation and on the basis of adjusting our detention house, defining the value orientation of criminal lawsuit human rights protection. Secondly, drawing lessons from the UK about 24 hours all reasonable delay sending system, aiming at the existing problem of our country and perfecting the system. Thirdly, changing the detention house subordinate relations of the public security organs will be classified under the jurisdiction of the administrative judicial organ, so as to making detention places and custody program independent, both playing roles in order to realizing the detention house system neutral. Finally, realizing the procuratorial organs to a detention center in the whole process of the system operation supervision, establishing a detention center in recording thoroughly, setting up independent custody system of inspection tours, and supplementing by strict punishment mechanism, so as to improving the system of procuratorial supervision.