羁押场所巡视制度研究报告
陈卫东羁押场所巡视制度研究报告
Empirical Research Reporton Pilot Lay Visitor Inspection System of Detention Place
期刊名称：《法学研究》
期刊年份：
作者：陈卫东
单位：中国人民大学法学院
中文关键词：羁押巡视;试点;看守所;实证研究
英文关键词：inspection of detention;pilot;detention place;empirical research
中文摘要：
作为一种程序外的酷刑预防机制，羁押场所巡视制度通过邀请社会公众不定期地、未经事先通知地访问看守所，巡视看守所的羁押条件、羁押执法活动是否符合我国法律、法规的相关规定，有效地提高了看守所被羁押人的待遇、促进了监管机关执法的规范化。制度的试行还向社会公众传递了看守所规范执法的积极信息，增强了公众对看守所的了解与信赖。该试点研究通过比对试点前后的相关数据，包括衡量看守所条件、权利保障状况的指标得出了上述结论。
英文摘要：
Lay visitor inspection system of detention place, as a kind of torture prevention system outside criminal procedure, invites lay people to be visitors to detention place unannounced and irregularly to check the detention conditions and the legitimacy of related activities enforcing detention law. This system has improved effectively the treatments of detainees. In addition, it can pass good messages to the public that the detention place has done a good job, and can increase public’s confidence on the work of detention place. The lay visitor inspection system of detention place can be combined with China’s People’s Congress institution, which means that members of local congress are selected as lay visitors.The visitors in Liaoyuan where we conducted the pilot research visited local detention place for 20 times. In each visit, they visited where they would like to see in the detention place and then selected detainees as interview target. They could talk with the selected detainees confidentially and without the intervention from police officers. After the visit, the lay visitors could write down their comments on the conditions and human rights protection situations in the detention place. These comments will be reported to local government and police stations which are in charge of pre-trial detention places in China. The system can coordinate with other torture prevention institutions, such as interrogation audio or video taping. One of the strong points of it is its economical aspect, which means only small sum of money can be used to support the operation of this system. Certainly the pilot research also found some drawbacks of it. For example, China lacks the culture of volunteer, and without enough NGO and volunteers, the system can not operate for a long time. In addition, the system works better to check conditions of detention place than to protect procedural rights of detainees. The above conclusions are got through one pilot empirical research in one pilot detention place, in which the researchers compared the data before and after the pilot including various indicators on detention conditions and protection of human rights of detainees. The empirical research used multi-methods including individual interview, group interview, collecting administrative data, observation and survey, which ensure the effects of the empirical research.
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