| The people’s Procuratorate has the power to supervise the detention house,and dispatching procurators is one of the main modes of procuratorial organs to supervise the execution of criminal punishment and supervision activities in the detention house.This paper focuses on the detention house dispatched procuratorial system,its practice,existing problems,causes and other research,put forward how to perfect the system suggestions.This paper consists of four parts.The first part is the development process and operation mechanism of the detention house dispatched procuratorial system.The practice of sending procurators to detention centers is that procuratorial organs set up procuratorial offices in detention centers and send procurators to supervise law enforcement activities in detention centers by regular residence.Judging from the history of procuratorial supervision in detention centers,sending procuratorial inspectors is the main way of procuratorial supervision,which was established in 1957 and has been used since it was rebuilt in 1978.After the change of functions and names,the current system of detention house dispatched procuratorial system has been formed.The operating mechanism of the current system mainly includes four aspects: main body,scope,form,and responsibility investigation mechanism.The second part,the theoretical analysis of the detention house dispatched procuratorial system.From the point of view of the failure of the circuit procuratorial system to replace the dispatched procuratorial system,it shows the rationality of the existence of the dispatched procuratorial system,which plays an important role in maintaining the supervision order of detention houses,safeguarding the legitimate rights and interests of detainees,strengthening the restriction of judicial power,and ensuring the smooth progress of criminal proceedings.The theoretical basis of the system includes the theory of legal supervision,the theory of human rights protection and the theory of power balance,and the implementation of the system should follow the corresponding theoretical basis.The third part is the practical dilemma and reason analysis of the procuratorial system dispatched by detention house.The procuratorial system dispatched by detention centers has been running for many years,and it has played a huge role,while there are inevitably many problems.The practical problems of the procuratorial system dispatched by detention centers in China are sort out from the supervision aspects of the interrogation legality verification of major cases,invisible extended detention,penalty delivery and execution,mixed detention,and the construction of procuratorial offices.The main causes of these problems include the imperfection of the legislation of the accredited procuratorial system,the lack of unified laws and regulations,and the general and scattered legislation;The power of supervision is weakened,and the means of procuratorial supervision are not rigid enough.The supervision method is backward,and the development and application degree of the intelligent inspection system is not high;The concept of supervision is lacking,the awareness of active supervision is not strong,and the concept of human rights protection has not been firmly established.The fourth part is the suggestion of perfecting the procuratorial system of detention center.In order to promote the supervision effect of dispatched procuratorial supervision,this paper puts forward corresponding countermeasures: improve the construction of supporting mechanisms such as the interrogation legality verification system of major cases.Strengthen the rigidity of dispatched procuratorial supervision,strengthen the supervisory power of dispatched procuratorial system,and clarify the effectiveness of procuratorial supervision means.We will improve the means of the system of sending procurators,implement the interview system of prosecutors stationed in our offices,and speed up the construction of intelligent procuratorial services.Strengthen the construction of professional teams dispatched to procurators,such as implementing the personnel training mechanism,standardizing the staffing and post rotation system,formulating norms for exchanges between dispatched procurators and staff in supervision sites,ensuring funding investment,and improving equipment and facilities.At last,we should not weaken the dispatched procurators with the itinerant procurators.We should clarify the division of powers between the dispatched procurators and the itinerant procurators,strengthen the connection between the dispatched procurators and the itinerant procurators,and promote the dispatched procurators with the itinerant procurators. |
