5month21日Afternoon14:30,Professor Chen Ruihua, doctoral supervisor of Peking University Law School, visited Law School District 2101Lecture Hall,brought a wonderful academic report titled "Several Trends and Reflections on Recent Judicial Reform" to the teachers and students of our school。The report was hosted by Professor Zhou Changjun。
Reporting,ChenThe professor mainly talked about the trends in five aspects of judicial reform.
bet365 live casino and sports bettingThe first is China’s pending detention system。Now in our country,Pending detention facilities are mainly detention centers,The detention center is located under the public security agency,Managed by the public security organs。But,In this way, the public security organs have the power of investigation and custody,It can easily lead to torture to extract confessions and extended detention. exist2003The beginning of the judicial reform,Supreme Court、Both the Supreme People’s Procuratorate and the Ministry of Justice jointly separated detention centers from public security agencies,Leave it to the Justice Bureau。The Ministry of Public Security believes that this move will greatly reduce the crime detection rate,Thus strongly opposed,This reform proposal has not been implemented in practice。2008The Central Political and Legal Affairs Commission began to promote a new round of judicial reform,Detention centers should be separated from public security agencies。The main reason is that such system design can solve the problem of lawyer access、Issues of torture and extended detention。But will it really go so smoothly?There are widespread concerns about this issue: The first is whether handing over the detention center to the Justice Bureau will lead to a decrease in the investigation rate and the crime detection rate;The second is that the detention center represents a value system,No rights and dignity,Only obey and cooperate。Can these problems be solved by Bet365 sportsbook reviewhanding it over to the Justice Bureau?The third issue is the meeting with the lawyer、Can the problem of forced confessions and extended detention really be solved through the reform of detention centers??But from another perspective,Transferring the detention center to the Justice Bureau will definitely bring certain positive effects,The biggest expected effect is the separation of investigation power and pending detention power。The goal of investigation power is to solve the case,The goal of personal career is to make meritorious deeds,The pending detention institution should be neutral,Pending detention institutions should be made neutral,Toward Transcendence。Transfer the detention center to the Justice Bureau,Can make the detection function gradually fade,The suspect’s presumption of innocence、Right of silence、The right of defense and other rights can only be realized。
The second is the reform of the investigation system of the procuratorial organs。Professor Chen pointed out,There are many problems in the anti-corruption system of the procuratorate: Is it appropriate to hand over anti-corruption and bribery cases to the procuratorate for investigation?The procuratorial organ’s anti-corruption and bribery agency does not have enough authority、Insufficient resources,There is no help from the police,Cannot use Secret Investigation,Technical investigation and other means,Only rely on the most primitive conversation、Interrogation,Easy to lead to torture;The national anti-corruption and bribery bet365 casino live blackjackagency has many policies,Complex organization,Function crossover,Cannot integrate resources well;The anti-corruption and bribery system is highly concentrated in power。
Reflect on these issues,It is not difficult to find that the crux lies mainly in the following aspects: Party institutions、Government agencies and prosecutorial and judicial agencies also have anti-corruption functions and "authorities",The Party’s Discipline Inspection Commission has too much power,To some extent, its power even exceeds that of state agencies。In terms of the difficulties existing in the reform of the anti-corruption system,The main reason is the limitation of investigation methods,Improving this aspect should become the focus of future reforms。
Possible reforms in the near future include: the overall transfer of the procuratorate’s power to approve arrests in self-investigation cases to the court;Establishment of independent magistrates' courts。Conception of establishing a magistrates’ court,Professor Chen added,The new magistrates’ courts will no longer be based on administrative divisions,The trial level is below the intermediate court。claim"