Research Of Visitor Inspection System Of Detention Place

Our Constitution stipulates that "the state respects and safeguards human rights,criminal proceedings must abide by the Constitution and the spirit of the rule of law,especially when the public power restriction of civil rights,should be in accordance with the law of detention must not violate the law.Although China's reform and opening up more than thirty years,the prison has also undergone a variety of reforms,but these reforms are confined to the traditional framework of the prison system.The supervision of the prison has been confined to the internal supervision mode of the procuratorial supervision,it is difficult to achieve the desired effect of the supervision,and often infringe upon the rights of the detainees.The prison inspection system as a kind of external supervision mode,through the introduction of social forces,to supervise the detention authority to exercise oversight responsibility and authority,will help ensure that personnel were detained in the protection of human rights protection,treatment in accordance with the law.The fiftieth item of the criminal procedure law of the People's Republic of China,which was revised in March 14,2012,has increased the stipulation of"prohibiting extorting confessions by torture".Practice has proved that the establishment of an external supervision system is an effective means to solve the problem of human rights.The inspection of the prison can effectively prevent the corruption and human rights problems in the original internal supervision mode,and the system has achieved success in the pilot process.In the procedure of judicial supervision supervision power is universal,in the judicial process,subject specific roles and roles are limited,can not be comprehensive and effective supervision,and our country through the implementation of the prison patrol pilot in Liaoyuan City,by the public on behalf of the prison environment,facilities and custody the protection of the rights of personnel to conduct occasional independent visits,to observe and understand the real situation of the prison,the pilot implementation of the comprehensive supervision,supervision and personnel for custody,results from the pilot to see this move effectively compensate for the defects of the judicial supervision procedure,to achieve timeliness the power of supervision.In addition,the pilot inspection from Liaoyuan city monitoring results can be seen,the public participation in judicial supervision although there is a big difference with the traditional supervision system,but this new oversight model undoubtedly achieved good results.In the context of the current judicial reform,we should not only improve the shortcomings of the current judicialsystem,but also put the supervision of the public into the current supervision system.Generally speaking,the social participation of criminal justice is mainly concentrated in the trial stage.In the pre-trial stage,especially in the investigation stage,due to the confidentiality requirements of the investigation activities,the general public is difficult to intervene.The prison inspection system can be carried out to allow the public to "supervisor" to participate in the process of justice to the public on the one hand,the object itself is the judicial system;on the other hand,in the process of running the system,and the public to participate in the judicial process,can prevent a breach of privilege a public officer and infringe public interests.The prison inspection system breaks through the obstruction of the traditional judicial concept,which makes the public participation in criminal justice rise from passive participation to a new level of active participation.Passive and active participation in the combination of "governance" model of justice,tensions are helpful in the repair of the public and the country detention authority,the political state and civil society in harmony,so as to achieve a good state of social governance.