Research On The Perfection Of The Detention System In China

According to The People's Republic of China Criminal Procedure Law (here in after referred to as the" Criminal Procedure Law "provisions of the detention center) is responsible for the custody of criminal litigation, the arrest of criminal suspects, defendants and convicts in more than three months of age, undertakes the dual functions of detention and punishment of criminal execution, criminal procedure the program is an important part. However, in quite a long period of time, the detention center is not of concern to the outside world, basically in a completely closed state until 2009." hide and seek "incident, the detention center was gradually into the public view, and sparked intense discussion. The improvement of the degree of attention from all walks of life the guard also prompted lawmakers began to re-examine the system," making detention law "can be put on the agenda. At this stage, the reform of the judicial system in China to further promote the reconstruction of detention system provides a good opportunity. The writing of this paper is based on the detention system reform and provides theoretical support for better vision.Starting from the existence of detention system problems, specific ideas on the system of perfect practice experience. According to the actual condition of operation of the detention system, should be the first to "Criminal Procedure Law" as the basis, establish "detention law", a clear functional positioning of the detention center, to provide specific legal guidance and clear as the base the law enforcement work in the system. The specific layer in the process of operation, through the prison officers to enhance the level of protection of human rights, supervision system and allocation of police force is strengthened, enhancing the scientific operation of the system. To solve our country keep system problem fundamentally, we should proceed to the current management system, will the detention center from the public security organs stripped by the judicial administrative organ of management, to achieve complete separation of the power of investigation and custody, ensure the detention center in criminal proceedings in the neutral position.