The Study Of The Function Of The Detention Center In Criminal Proceedings

In China,Detention Center is in an important position for strengthening the judicial protection of human rights,and also likes a significant window that shows the rule of law civilization construction achievements.The management of detention embodies the basic principles of national respect and safeguard for human rights and the degree of civilization;it also is the momentous part of national management system and modern governing capacity.Detention Center plays a vital role in criminal proceedings,of which function not only takes on detaining untried prisoner,but also detaining convicted prisoner.The existing Detention Center rules have been unable to adapt to its own development needs,as well as it can't conform to the requirements of domestic and international human rights protection.Whether from the perspective of historical development,or from the perspective of summing up experience,the timing of Detention Center legislation have been mature.The relationship of administrative subordination,which relates to Detention Center's core power configuration,is undoubtedly focus of the legislation.This paper is divided into seven parts,including introduction,Detention Center's system and tasks,the status and functions of Detention Center in criminal proceedings,present situation of Detention Center's functions in criminal proceedings,the reasons for functional variations of Detention Center in criminal proceedings,deepening the reform suggestions for Detention Center management system and conclusion.The first chapter expounds since new China has been founded that the historical evolution and the system of Detention Center,then analysis the basic task of Detention Center,and demonstrates the necessity and feasibility of Detention Center legislation.According to analyzing the changes of Detention Center's litigation status in the new criminal procedure law,we could clear its main function,such as preventing criminal suspect or defendant continue to crime and hindering progress of the lawsuit,protecting the legitimate rights of detained people and restricting the criminal judicial power.By discussing the present operation of Detention Center's functions,and analyzing the deep-seated problems of restricting normal functions.Try to explore the causes of Detention Center's function alienation,on this basis,put forward reasonable suggestions from its system,legislation and management operation,in order to providing the reference of Detention Center enforcement standardization and improving the criminal litigation system.