The Research On The Perfection Of The Detainee's Rights Guarantee System

Detainees in detention house lose persona freedom to some extent,but their legitimate rights and interests should be protected.With the rapid development of economy and social legalization,the detainees legitimate rights and interests have increasingly become an unignorable era proposition.Meanwhile it will help to realize the value pursuit of rule of law,safety,civilization in detention house.However,the present Custody Regulations are not so perfect in detainees' rights and interests safeguard mechanism for the reason of legislative power restriction.According to the executive law theories and the practical experience,the author finds out the problems detainees' legitimate rights and interests and analyzes its reasons.How to improve those detainees' leg rights and interests protection institution? How to more the actual practice of the protection institution? This offer some proposals and countermeasures to solve the problem.There are three parts in the article.The first part describes the detainees' rights and interests protection system,the definition of detention,the definition of detained persons.It also introduces the history of the detention house in China briefly and illustrates the necessity and duryent situation of the detainees' legitimate rights and interests.The second part explains the problems in the detainees' rights and interests protection system.Custody Regulations which is the first normalizing custody executive law in China plays an important role on preserving and protecting the detainees' rights and interests.As a kind of executive law,there are some careless omission in the Custody Regulations which is limited by social economic development and legislative power restriction.At the same time,there are some problems appeared in the practice of the public security organization such as the executive law enforcement and law enforcement supervision.The part analyzes the problems of the detainees' rights and interests protection system,for example,the short of supervision rights,unreasonable reward mechanism,unscientific accident handling,invasion of privacy,relaxed legal instrument censorship,nonstandard supervision of law enforcement.The third part put forward the proposal to improve the detainees' rights and interests system.On the base of the problem comprehensive analysis,the part offer some countermeasures to improve the system.A number of laws involve the rule of detention.Among them,administrative detention has an important position.The number of administrative détentes takes up a large proportion.Some countermeasures are about improving the law of punishment for Public Security and Administration.For instead,removing detention ahead of schedule,punishing the runways,punishing the one not returning on time.Besides,another proposal has been given,that is transferring the dangerous drug addicts to addiction treatment centre,or setting up a detention house as an addiction treatment place.