The Empirical Research On Complaint And Appeal Handling Mechanism Of Detainees

In the criminal procedure, detainees’ human rights are mostly need of safeguard,because detainees have been deprived of freedom and these people who are in a weak positionare vulnerable to abuse. It is important to clarify their rights and take measures to preventinfringement, but provide effective relief channels for the detainees is the last opportunity tomake up for damages when the infringement has occurred. Therefore, it is significant toestablish detainees’ complaint and appeal handling mechanism. On the one hand, thelegislation of detainees’ complaint and petition rights is imperfect in China, on the other hand,the realization of the rights is not ideal. Therefore, the study of detainees’ complaint andappeal handling mechanism remains to be further deepen. On the basis of the investigation topractice of the four detention centers in city C, the author discovers the problems of complaintand appeal handling mechanism in detention center, analyzes what caused the problem andthen give some proposals to improve this mechanism. This article is divided into four parts.The first section is about the reality of detainees’ complaint and appeal handlingmechanism of the four detention centers in city C. The complaint and appeal handlingprogram runs by opening channels, receiving case, reviewing case, dealing with case, replyingthe result. In recent years, law enforcement in detention center caused extensive concern ofsociety and detainees’ complaint and appeal handling mechanism is no longer neglected. Innearly three years, the complaint and appeal cases are on the rise year by year and complaintand appeal handling mechanism has made a difference, but it’s still subject to some obstaclesand shortcomings in practice.The second section discusses the defects of detainees’ complaint and appeal handlingmechanism. First of all, there are some problems in the complaint and appeal channels, thechannels are not smooth because they are not set up reasonably and detainees distrustprosecutors. Followed by, there are also some problems in program design, for example,prosecutors are lack of investigation power and follow-up supervision power, and they aredifficult to start the error correction program of the appeals. In addition, safeguard mechanismis also imperfect, its main performance is the lack of funds and supervision.In the third section, the author put forward some proposals to reform detainees’complaint and appeal handling mechanism. In the first place，we should set up complaint and appeal channels reasonably and enhance detainees’ confidence in prosecutors to opencomplaint and appeal channels. Next, standardize complaint and appeal handling program. Weshould vest investigation power and follow-up supervision power in prosecutors, strengthenthe function of error correction of appeals. Last, the author give some proposals to improvethe safeguard mechanism for detainees’ complaint and appeal handling program, for example,increase the funds input to the procuratorate and build internal and external supervisionpattern.