The Research Of Supervision On The Detention Center

With the continuo us advance ment of the judicial reform in China,the construction of democracy and the rule of law are improving day by day.People’s awareness of legal supervision is also constantly improving,and mor e and mor e attention is paid to social fairness and justice.The Law on Detention institutions(draft of Public consultation for opinions)was promulgated in 2017,and the Criminal Procedure Law and the Law of the Procurator ate were extensively revamped in 2018.Under the judicial reform system centered on the trial,the detention center is constantly developing and reforming.Accordingly,the procuratorial supervision of the detention center is constantly being upgraded and perfected.If the procuratorial organs carry out a pilot reform of the mode of procuratorial supervision in detention centers,and carry out a review of the necessity of detention of detainees in order to correct the illegal phenomena such as detention pending for a long time,Through the investigation of major cases before the end of the examination of legality to exclude illegal evidence and a series of measures.The ultimate goal of all initiatives is to standardize the safety of the institution,safeguard the legitimate rights and interests of detainees,ensure the smooth conduct of criminal proceedings,and ensure that penalties are enforced fairly and fairly.But there is always a gap between ideals and reality.In practice,the procurator ate still faces many problems in the process of prosecutorial supervision of the detention center,and we need to constantly update and improve various working mechanisms.In order to truly implement the procuratorial supervision function given by the law,the afflicted detention center will be "sunshine" and become a window to show the rule of law civilization.The author believes that the core of the reform of the procuratorial supervision system of the detention center should be an in-depth study of the factors that restrict the effectiveness of the procuratorial supervision and the new problems faced by the new criminal litigation.At present,the main problems of procuratorial supervision in China’s detention centers are the imperfect legislation,the inability of relevant laws and regulations to adapt to the needs of reform and development,the lack of supporting mechanisms,corrective opinions,and insufficient supervision and supervision.This paper focuses on the research of procuratorial supervision in detention centers,combined with the author’s working experience in the railway detention centers,and analyzes the problems and phenomena,and proposes some optimization policies.The first part is based on the basic overview of procuratorial supervision in detention center,including the concept,the legal basis,the supervision responsibilities and the value.The second part focuses on the procuratorial supervision of detention centers in China.There are four types of supervision modes of procuratorial supervision in criminal enforcement department: the resident procuratorial inspection,the tour procuratorial inspection,the special procuratorial inspection and the circle procuratorial inspection.In this part,we analyze and compare the advantages and disadvantages of each mode of supervision,and construct the content of procuratorial supervision.Since the content of procuratorial supervision in residence is relatively wide,the paper focuses on the the examination of the necessity of detention and the examination of legality of inquiry before the end of the case.On the basis of the previous discussion and combined with the current experiences we had,the third part is focus on the problems of prison procuratorial supervision,including: the difficulties to carry out censorship necessity review,the difficulties to asking for legality review before the end of major case investigation,the difficulties to find the hidden illegals detention,the problem of mixed custody,the difficulties to implement penalty delivery and the difficulties to complain by the detainees.There are many reasons for the existence of many phenomena,including insufficient legal basis,difficulties in verification of evidence,the lack of supervision and punishment leads to the lack of rigidity of procuratorial supervision;the deviation of supervisory ideas affects the enthusiasm of work,and the procuratorial organs do not have strong publicity efforts,and the social familiarity is not high.The fourth part introduces the author’s optimization countermeasures for the inspection and supervision of the detention center,which including: subjectively correcting the concept of law enforcement,establishing a sense of mutual benefit;objectively improving the criminal detention procedure,clearly supervising the legal consequences,increasing the rigidity of procuratorial supervision,and formulating a unified criminal enforcement procuratorial law to promote the legalization of the penalty system,amending the State Compensation Law to expand the protection of the rights and interests of detainees,establishing internal and external linkage mechanisms to assist the procuratorial work connection,improving the legality review system before the end of major case investigation,establishing a hearing review mode to resolve the complaints of detainees,and constructing an accident disclosure information disclosure mechanism,establishing a scientific assessment and reward mechanism,strengthen business promotion and publicity,enrich the source of procuratorial investigations,and introduce the experience of extraterritorial experience,taking the Hong Kong Justice of the Peace system as an example for the study and supervision of China’s detention center.