Study On Labor Lssues In Pretrial Detention

With the development of The Times,China has made great achievements in the protection of the rights of detainees before their trial.However,the attention of all circles of society often lies in the personal rights and litigation rights of detainees before their trial,while the labor rights related to their interests have not been given enough attention.In practice,some detention houses still organize detainees to participate in labor activities from time to time,and in this process,there are some phenomena such as high intensity,long time,little or no reward,which seriously infringes the labor rights of detainees before they are detained,causing a series of labor problems before they are detained.The labor issue of pending detention has wide influence and high harmfulness,so it is in urgent need of proper solution.In view of this,based on the pending custody labor problem as the research object,combined with the theory,first to the pending custody of labor issues sorted out relevant information,and based on the reality,to summarize of labor issues of custody pending,and then analyze its causes and harm of the pending custody governance perfect puts forward personal view about the question of labor.This paper is divided into six parts.The following is a detailed introduction of each part:The first part is the introduction.This paper mainly introduces the research background and significance,literature review,research ideas and methods.Through sorting out the relevant information,we can see that the research on the labor issue in pending detention has a unique historical background and a lot of significance in the theoretical and practical levels,but it has not been paid enough attention by the academic circle,and the relevant research results are relatively few.The second part summarizes the current situation of labor in pretrial custody.On the one hand,from the perspective of laws and regulations,the legal basis for the detention center to organize detainees to participate in labor activities and the level of protection of their labor rights by relevant laws are explored.On the other hand,from the actual point of view,it also explains the performance of the labor issue in pretrial custody.The third part combines the theory and the reality to analyze the causes of the labor problem in pretrial custody.From the theoretical level,there are too few legal provisions concerning the labor in custody,which results in the detention house’s neglect of the labor rights of the detainees in custody.From a practical perspective,the emergence of labor problems in pretrial detention also has various reasons,including the internal work of the detention house is not in place,but also affected by many external factors.The fourth part summarizes the harmfulness of the labor issue in pretrial custody from multiple angles.From the perspective of the detainees in custody,the labor issue in custody is not conducive to their physical and mental health.From the point of view of the guards,it increases the burden of detention center management.Moreover,the existence of labor issues in pretrial detention has a negative impact on the smooth progress of litigation activities,the reform and development of detention centers and the harmony and stability of the society.The fifth part is the key part of the article,focusing on the perfect management of labor issues in custody.On the whole,the issue of labor in custody can be governed from two perspectives.First,the development of labor activities in custody can be prohibited,which can completely eliminate the emergence of labor in custody.Of course,it can not be simply "banned",this also needs to do a comprehensive consideration.Second,it is to standardize and systemize labor matters in pretrial detention,and make pretrial detainees obtain the same status and treatment as ordinary workers through joint efforts and various means.The second approach is more complex and requires more consideration,but it is also more significant.But no matter which way,it is the negation of the existing non-standard labor activities in pretrial custody.The sixth part summarizes the full text,a simple summary of the point of view,but also a simple explanation of the deficiencies of the article.