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Introduction of Independent Inspection of Places of Detention into China and Combating Torture

  • DONG-A LAW REVIEW
  • 2009, (43), pp.599-613
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

陈卫东 1 Changjun Jin 2

1 中國 人民大學校
2중국연변대학법학원

Candidate

ABSTRACT

Inspection of Detention is originated in Europe, and UN Committee against Torture has accelerated its global establishment by studying the institution and drafting relevant instruments. Liaoyuan City experimented the institution in order to further the study on it. Over 20 trained inspectors examined the places of detention in accordance with operating rules, interviewed randomly selected detainees and filled the forms of inspection. The external safeguarding mechanism can make the places of detention open and transparent. Its supervision is more independent because the inspectors are selected from the public. The institution is economical and thus easy to generalize. It covers wide spectrum and is able to prevent torture in greater areas. In China, foundation has been laid for the establishment of the institution: protection of human rights being incorporated in the Constitution, similar systems in laws and regulations, and ideas of public participation in judicial management. But when transplanting the institution into Chinese legal system, the selection of inspectors and check of their power should be paid great attention to, economic and conceptual difficulties should be overcome and the neutrality of places of detention should be elevated.

Citation status

* References for papers published after 2023 are currently being built.