Curb judicial review mechanism should be established torture

And judicial interpretation of the Criminal Procedure Law has already specifically prohibit torture, however, judicial practice, the phenomenon of torture is still repeated. I believe that Research on the root causes of action system is the lack of an effective power control mechanism. In the pre-trial program there is only unilateral use of power prosecution side, only the defendants and the prosecution of the Defendants between stark lack of a detached and neutral judicial activities on the prosecution side of the legal review, the rights of the suspect the lack of effective protection, making the detection of loss of the right to use the necessary judicial control, torture and other illegal activities is difficult to be effectively curbed.

I suggest, in our pre-built mechanism for judicial review, will advance the introduction of a neutral judicial investigation procedure, the right to control the investigation of judicial power, to achieve the heterogeneity of Investigation supervision to prevent abuse of power Detective parties to curb torture extract confessions and other illegal activities. the principle of judicial review of the rule of Law generally follow the modern rule of Law programs, the core idea is to give full play to the role of the Court's judicial activism on the national review of the legality of coercive power to protect the rights of individual citizens from the state compulsory rights Law violations. in Criminal proceedings, the principle requires, without court authorization and review, not the arrest of citizens, detention and other compulsory measures as well as search, seizure, wiretapping and other investigative measures mandatory.

Pre-trial specific operation of the mechanism of judicial review as follows: on the one hand, the civil liberty of the detention, arrest, and for the approval of coercive measures, the judiciary should be neutral judicial authority and judicial review of coercive measures to break the current custody The police seized by the authorities to take the monopoly, the right to prevent the excessive expansion of Detective. At the same time, coercive measures should be used with caution in custody, and through a special hearing procedures increased the proportion of bail to minimize unnecessary detention. custody reduced occurrence of torture which lost the environment. On the other hand, Criminal suspects and defendants have the right to apply for the unjust detention after the judicial relief. If there is no evidence to arrest or in custody suffered in the course torture, may apply to the court an application for judicial review, an investigation has revealed that the previous improper detention should be abolished compulsory measures.

Next year, the NPC will start again <<Criminal>> amendment, I hope the Legislature will seize this opportunity to build for the Chinese to examine the judicial review mechanism, judicial power to a neutral control the abuse of power investigation, so as to effectively curb torture and other illegal activities. Links http://www.hi138.com Research Papers Download