Analysis On The Detainee's Rights Protection In Pre-trial Detension

After the Yunnan hide and seek incident in 2009,competent authorities of detention center have enacted a series of regulations,so as to conducted a number of programs such as the standardization construction in logistics,law enforcement,manegement,supervision and facilities which effctively improved the detainee's human rights.However,the above measures were mainly enacted by the competent authorities of detention center which caused some limitations to value management over protection.What kind of rights and protections should the detainee enjoy under a wide various of regulations and rules are still ambiguous.For better guidance of practice,this paper will put together the related regulations and rules based on the provisions for citizen and natural person prescribed by the Constitution Law and the General Provisions of Civil Law of China,and conclude its current situation in legislation and law enforcement.By combing the deficiencies in pratice,this paper will analysis the source,type and scope of rights under the principles of guaranteeing human rights and legality,and offer some constructive suggestions on human rights protetion for the pre-trial detainee which may play a positive role in legislation and law enforcement.The present paper consists of five parts.The first part is to brief the detention center and the pre-trial detainee.The second part will tease out the related laws and rules on pre-trial detainee's rights from the perspectives of source,principle and construction.For the third part,the author will analysis the current situation from the aspects of contents and standards.The author will explain the causes of the mentioned problems by analysis from the filed of legislation and law enforcement in the fourth part.Combined with the practice,the author will present his proposals based on the existing shortcomings of detainee's rights protection in the last part.