| On April1,2012, the State Council promulgated the detention regulations.Because of the legislative authority, the items that the detention house should acceptthe terms of the procuratorate supervise which was previously announced in2009detention regulation (draft) were deleted, from then on, the supervision system of thedetention house was back to the lack of legislation. The supervision system of thedetention house refers to the legal system that the procuratorial organs supervise thecustody activities are legal or not. It is the embodiment of the principle of powerrestriction and it constraints supervising officers abuse of power at the same time andsafeguards the legitimate rights and interests of the detained people. Therefore, it isof great significance on the implementation of human rights protection. However,due to the lack of legislation for a long time, and the neglect of detention, thesupervision system of the detention house was not taken seriously, there exists somedisputes and problems in practice, this is the key that this article intended to explore,analyze and solve.The article is divided into three parts.The first part reveals the issues of the procuratorial supervision system of thecustody through three typical cases and analyzes the problems. The three cases arethe cases of death of the detained people with different cause. At present, theprocuratorial supervision of the custody is limits to the Case Supervision. Theprocuratorial supervision of the custody has problems from process to results and theentire oversight system is imperfect by comparison of the merits. Analyzing theproblems Contributes to solve them fundamentally.The second part demonstrates the necessity and feasibility of introducing theprocuratorial supervision system into custody. For the necessity,this part analyzes the value of prosecutorial supervision,the nature of detention powers and theprotection of the human rights of detained people. For the feasibility,this partdiscusses experience conditions, practice conditions and Ability conditions of theprocuratorial supervision system of the custody.The third part solves the problems that mentioned in the first part.This partproposes four solutions in order to improve the procuratorial supervision system ofthe custody in legislation and pratice. |
