Study On The Collection And Protection Of Evidence In Chinese Prison Law Enforcement

Since the 18th National Congress of the Communist Party of China,the party and the state have paid more attention to the law enforcement work of prisons to a new height.The intensive adjustments to the current criminal justice policy have also brought the society's attention to prison law enforcement to a new history.The level,inevitably led to the pursuit of prison law enforcement responsibilities has also raised to a new level.In order to adapt to this new normal,the realization of the rule of law in prison management is undoubtedly the only way for the reform and development of prisons in China.Therefore,the rule of law and the transparency of the prison law enforcement process will be the future development trend.This makes the collection and preservation of prison law enforcement evidence more and more important in safeguarding the rights of criminals and civilian police,promoting standardized and orderly law enforcement,and promoting supervision by all parties.However,due to a number of reasons,the collection and preservation of prison law enforcement in China has always been at a low level,and it is difficult to adapt to the current severe law enforcement situation.As a frontline worker in law enforcement,the author intends to start from the law enforcement of X-province prisons on the collection and preservation of law enforcement evidence.There are insufficient legislation,work-oriented deviation,irregular procedures,unclear responsibility and lack of evidence collection and preservation in prison law enforcement.Analysis of issues such as disciplinary and relief systems,and suggestions for strengthening the legislation and strengthening work orientation,implementing the police training mechanism and establishing a digital platform for evidence collection and preservation for the cause of the problem,for prison researchers and prison enforcers as a reference,hoping to cause Prison workers think and study the evidence of prison law enforcement,and then promote the prison industry to the direction of legalization and regularization.This article consists of four parts:The first part introduces the connotation and significance of prison law enforcement evidence and collection and preservation.First,through the definition of evidence and the content of prison law enforcement,the content and scope of prison law enforcement evidence are defined.It is believed that the materials collected by the prison during the law enforcement process that can be used to prove and reflect the real situation of prison law enforcement should be called prison law enforcement,evidence.The analysis of the definition of preservation work from evidence collection then clarifies the concept of prison law enforcement evidence collection and preservation.Secondly,from the aspects of evidence collection subject,procedure and jurisdiction,the evidence of prison law enforcement is compared with the public security organs or the people's procuratorate in the collection and preservation,and some unique characteristics are found.Then it summarizes the significance of prison law enforcement evidence collection and preservation on the establishment of prison institutions and the protection of the interests of all parties and the promotion of orderly law enforcement.In the second part,the current situation and existing problems of the collection and preservation of prison law enforcement in China are expounded from the perspective of X province.Through the research on the legal regulations and institution construction and management status of the evidence collection and preservation work of X province prisons,it is found that the current collection and preservation of prison law enforcement evidence in China is still in its infancy,which is seriously inconsistent with the current comprehensive legal administration.The requirements of the supervision of the prison can not adapt to the complex and volatile development situation of the current prison.^rhrough the cases in X province in recent years,the paper enumerates the problems in the collection and preservation of prison law enforcement evidence,such as lack of legal protection,irregular work,unclear responsibilities,and inadequate supervision.The third part,based on the above-mentioned problems,analyzes the deep-seated reasons for the lagging and problematic development of prison law enforcement evidence collection and preservation in the aspects of legislative construction and internal and external environment of prisons.The traditional function of the prison and its closure make the research on the prison very few;the excessive social function and the training system cause the overall management to be relatively extensive;the work-oriented deviation also hinders the prison law enforcement evidence collection and preservation work,development of.Through the in-depth analysis of these problems,the specific reasons for the existence of the problem are found,which provides a theoretical basis for the fourth part of the perfect suggestions for the collection and preservation of prison law enforcement in China.The fourth part puts forward suggestions for improving the collection and preservation of evidence in prison law enforcement in China.In terms of working principles,we adhere to the combination of initiative and passiveness,and the parallelization of special documents and classifications.There are division of labor and cooperation in the implementation process,and the digitalization and physical coexistence are carried out on the basis of hierarchical level preservation in the preservation aspect,so that the prison law enforcement evidence collection and preservation can distinguish the main Once again,it can ensure that it does not leak and that it really plays its role.In terms of specific measures,starting from the legal construction,on the basis of clarifying the work orientation,we have adopted a series of methods such as continuously strengthening the training and job security for the main body of evidence collection,strengthening supervision,and implementing digital management,and put forward feasible suggestions for prison law enforcement.Researcher's reference,in order to promote the improvement and development of prison law enforcement evidence collection and preservation work,better serve the prison execution.