On The Right Of The Correspondent Detainee's Communication

As a special citizen who is detained in a special place,the detainee should enjoy the basic rights of citizens.However,in practice,the protection of the right to meet with communication is often neglected.Therefore,in this paper,the right of communication and the right to meet the detainees as the object of study,from the theoretical level to explore the legitimate rights and interests of the detainees in the interview with the right and rationality.And its communication with the right to meet with the special characteristics of ordinary citizens and criminals.At the same time,by contrasting with the United States custody pending communication rights of the meeting the situation,to further explore China's judicial practice in custody pending communication with the protection of the rights of the existing problems,and puts forward the preliminary countermeasures to perfect.This paper is divided into five parts.Firstly,the author analyzes the rights of detainees and communication.On the pending detainees,the academic circles have formed the theory of "state of law",that is,the criminal suspect and the defendant under the condition of being deprived of personal freedom before the people's court makes a guilty verdict.Communication meets the rights,including freedom of communication and communication secrets,meeting relatives and meeting with lawyers.Secondly,the author analyzes the legitimacy of the right of communication to the detainees.First of all,the right to communicate with the enjoyment of the right to have a solid theoretical foundation.The protection of the right to meet the communication has its constitutional basis.As a citizen of a country,the right of communication should not be deprived of custody.Secondly,the right to communicate with the full legal basis.Not only in China's "constitution","Criminal Procedure Law","detention center regulations" and other legal documents,but also reflected in the international legal documents.In addition,the right of communication of the detainees in custody is also of great significance to the public,to their own families,the smooth progress of the criminal proceedings.Thirdly,this paper expounds the particularity of the communication right of the detainees.Due to the limitation of the personal freedom of the detainees,the exercise of the right to meet the communication will be restricted,which makes it different from ordinary citizens.The need for protection of national security,maintenance of social order and the rights of others,in the practical aspects of human rights will make restrictions on certain aspects of rights mainly include basic rights,the freedom of communication will be subject to interference,general personality right,the right to self-determination,self-expression information rights and other basic rights will be subject to certain interference.In addition,the right of communication of pretrial detention is also different from the custody of convicts,mainly reflected in the communication meeting restricted the rights of different degree.Finally,we use the method of comparative analysis to explore the right of communication between China and the United states.In the United States,the detainees have the right to communicate and meet.In contrast,there are still many problems in the custody of the detainees in our country.In view of the problems,we should change the existing values.Improve the relevant legislation,the formation of a sound legal system.Reform the pending custody system,first of all to reform the detention center system.At the same time,improve the legitimacy of the detention review system,improve the right to communicate with the right to meet the relief mechanism.Only in this way,the communication and the right of the detainees can be guaranteed.