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Research On Improvement Of China’s Detention Center System

Posted on:2016-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:F J XueFull Text:PDF
GTID:2296330482468954Subject:Law
Abstract/Summary:PDF Full Text Request
2009, the "hide cat" incident happened in detention center, Jinning County, Yunnan and the afterwards "dead after bath", "dead after drinking water"and a series of abnormal death accidents happened, which caused public widespread concern about the detention center and the reflection over the detention system. In fact, in recent years, with the deepened rule by law, assurance of human rights concept and all kinds of strengthened supervision, the detention center system has gradually changed and developed. Especially in 2013, with the revision and implementation of new criminal procedural law, the changes of detention center on concept and law has a profound effect on detention center system. The transformation and the development have taken place in relevant departments and detention center. Torture,non normal deaths are rarely occurred in the detention center. However, the detention system indeed presents a new development and improvement in the reform system, but this does not represent other problems don’t exist in the detention system. With the deepening reform of the judicial system in our country and the renewal of the criminal procedure law in 2013, the reform of the detention center not only faces with the age opportunity, but also faces many new challenges. In the revised "criminal procedure law", we can find that the legal provisions of the detention center have been amended several times, the legal system of the detention center status has been improved fundamentally, and the importance of the detention center is further demonstrated in the criminal procedure. Such as respect and safeguard for human rights, the realization of the procedural justice, detention center should play a proper role for its responsibility. To sum up, the exploration and reform of the detention system is not only the inherent construction requirements of the legal system in China, but also the inevitable age development requirement. The key issue to be solved in this paper is how to make the detention system more suitable to adapt to the new "Criminal Procedure Law" and how to strengthen the detention center management level. The full text is divided into five parts. The first part is the introduction, which introduces the significance of the study. The second part is overview introduction for our country’s basic detention center, including the position, function and management system investigation for the detention center. The third part is the innovation and development of our country’s detention center management system, which includes the change of concept, the change of law,and the continuous exploration for detention center management system and development direction of the detention center four parts. The fourth part is the problems existed in our country’s detention system, including extort confessions by torture phenomenon is still not totally banned, the control rights/power for defense lawyers and the control personnel is not equal, supervision system is still not perfect three parts. The fifth part is to improve our country’s detention center system, which includes further improve the rule of law concept, make the detention center law as soon as possible and strengthen detention center supervision mechanism three parts.
Keywords/Search Tags:The criminal procedure law, The detention center ordinance, Perfection of law
PDF Full Text Request
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