Research On The Reformation Of Detention Center System

The detention center is our country legal places of pretrial detention,and it is an important place reflecting the level of human rights protection and legal civilization.Since the "hide-andseek" event in 2009,the management mode and system of detention centers have attracted the attention of all society.Especially in the important historical period when the country comprehensively promoted the reformation of criminal justice system,the detention center system is also facing a new round of iterative upgrading.The reformation of the detention center system mainly involves two aspects: whether the detention center should be separated from the public security organs,who should manage the subordination system,and the innovation of the management system of the detention center.Starting from the context of the country's comprehensive promotion of the rule of law and criminal justice reformation,this paper combs the historical development and practical problems of detention centers,reviews and draws lessons from the experience of reformation and development of foreign prisons,learns and integrates the principles and methodologies of other disciplines,analyses and summarizes the dilemmas and their causes in the reformation of detention centers in China,and then puts forward the reformation path of detention house suitable for the characteristics of law and practice of China.The article mainly carry forwards according to the following structure: The first chapter,introduction.This chapter mainly introduces the background and research significance of the problem,combs the research status of detention center at home and abroad,summarizes the research focus and direction of detention center system reformation on the basis of existing research results,and introduces the research methods.The second chapter is the historical evolution of detention centers in China.The detention center appeared in the late Qing Dynasty during the period of law revision and experienced a long period of historical development.In different historical periods,the detention center gained different degrees of construction and development.From the historical dimension,we can summarize the regular experience of the subordination establishment,management idea,function orientation,management mode and supervision subject of the detention center,and provide experience for the reformation of the detention center system in China.The third chapter is the analysis of the present situation of detention centers in China.From a historical point of view,the detention center has made great progress in legal construction,human rights protection,safety management and supervision,but there are still many shortcomings.Through the analysis of legal provisions,empirical research and other aspects,the paper analyzed many problems existing in the detention center,and provided empirical data support for the reformation of the detention center system.The fourth chapter is the investigation of extraterritorial pending detention.As an indispensable mandatory means in criminal proceedings,pending detention is widespread in all countries of the world.Through a comparative study of the pending detention in foreign countries and regions,this chapter summarizes the regular practices of the pending detention in foreign countries and regions and the development trend of the pending detention in the world,and draws lessons from the reasonable core to provide ideas for the reformation of the detention system in China.The fifth chapter is the analysis of the subordination system of detention centers in China.China's detention centers belong to the public security organs with criminal investigation power.This subordination system is controversial and is the important issue of the reformation of the detention centers system.This paper analyses the subordination system of detention centers in China from the perspective of jurisprudence,and realistically investigates the attitudes and opinions of various subjects such as police,prosecutors,lawyers and so on.It provides fresh practical materials for the reformation of the subordination system of detention centers in China.The sixth chapter explores the reformation path of detention center system in China.The reformation of detention center system in our country mainly includes two aspects: the reformation of the subordination system of detention center and the innovation of the internal management system.The detention center should be transferred to the judicial administrative organ.However,in the case that the subordination system has not changed,We can not simply wait,but should strengthen the security management and human rights protection of detainees through the reformation and innovation of the internal management system of detention centers.To sum up,this paper focuses on the reformation of detention center system in China,which is subordination system reformation and management system reformation,and demonstrates the rationality and feasibility of various views from the perspective of jurisprudence and practice.At the same time,drawing on scientific theories and methods,based on historical,realistic practices and foreign experience,this paper demonstrates the reformation path of detention center system which is suitable for the actual and modern requirements of the rule of law in China.