Research On The Function And Orientation Of China's Detention Center

With detaining detainees and defendants as its main role,the detention center is an important position for strengthening human rights protection in China and an important way to show the civilization governed by law.The function orientation is not only the basis of all the tasks in a detention house,but also the core content of relative studies.Since the founding of the People's Republic of China,although the function of the detention center has been in the process of continuous exploration and adjustment,there are still some prominent problems in the function orientation of the detention center.For example,the relevant laws on the function of the detention center are out of date,and in practice the detention center has been given too much other function that affects the realization of the main functions of the detention center.In consideration of historical development,protection of human rights,and adaption to international system,it's time to relocate the functions of the detention house.This paper is divided into five parts:introduction,history of the function of the new China detention center,problems in the functioning of the Chinese detention center,extraterritorial experience of the function of the detention center,and solution to the problem of the function of the Chinese detention center.Firstly,it sorts out the historical evolution of the function orientation of China's detention center.Since the founding of the country,China's adjustment of the function positioning of the detention center has been divided into four stages:the initial exploration stage of the function center of the detention center,the establishment and development stage and the stage of reflection and adjustment.Therefore,we can affirm our efforts in the adjustment of the functioning position of the detention center and gain some lessons from the continuous exploration of the function positioning of the detention center.Secondly,guided by the historical analysis of the function positioning of the detention center,it points out the problems existing in the function positioning of the detention center in China at present,which mainly including two aspects:the problems existing in the legislation and the specific problems arising from the judicial practice.Thirdly,it analyzes the functional orientation of foreign pre-trial detention institutions and analyzes the solutions of pre-trial detention institutions for these problems resulting from the functional orientation of China's detention centers.Finally,in combination of the analysis results of the first three chapters,it summarizes and demonstrates some viewpoints of the academic circle on the adjustment of the function of the detention center of our country and draws the conclusion that the function of the detention center of our country can be improved from two aspects:legislation and transformation of the detention agency.In terms of legislation,author puts forward some suggestions on the adjustment of the function orientation in the Detention Center Law that has been included in the legislative agenda,including macro definitions and system regulations.Firstly,in the detention center law,the basic functions of the detention center are defined as in combination of and supervise the suspects and defendants who are still in custody so as to ensure that the proceedings are carried out smoothly.Secondly,in the sub-rule,author systematically and comprehensively stipulates how to guarantee the implementation of the basic functions of the detention center.In terms of the institutions attached to the detention center,the author analyzes several viewpoints of the current academic circles and puts forward the reasons for classifying the detention center as the administration of the Ministry of Justice.The author draws the above viewpoints through analysis and argumentation,in order to provide reference for the improvement of the functional orientation of the Chinese detention center.