Autumn and Winter Check-in Challenge
Separation of investigation and detention means the separation of the organs that exercise investigative functions and those that exercise custodial functions, so that they belong to two different systems. The independence and neutrality of investigations and detention are ensured, thereby enhancing the fairness and efficiency of the judicial process. This concept stems from a reflection on the current judicial system and the pursuit of a fairer judiciary. The core idea of the separation of investigation and detention is to avoid conflicts of interest, ensure judicial fairness and protect the legitimate rights of criminal suspects.
In legal theory, the investigative organs are responsible for ascertaining the facts of the crime and pursuing the criminal responsibility of the criminal suspect through various criminal investigation measures. Detention is the result of investigative measures such as detention and arrest by the investigating organs, which is essentially a state of temporary restriction of the criminal suspect's personal freedom, rather than pursuing his criminal responsibility. The investigation may be conducted while the suspect is in custody or in other non-custodial conditions. The advantage of the system of separation of investigation and detention lies in the fact that it can realize mutual supervision of the case-handling procedures between the detention organs and the investigative, prosecuting, and adjudicative organs, and effectively prevent illegal acts such as extorting confessions by torture and extending detention.
Under China's current criminal justice system, the public security organs are responsible for the investigation of criminal cases and the management of detention centers, that is, they are responsible for the detention of criminal suspects. Under the "integrated investigation and detention" model, the public security organs assume both responsibilities at the same time, and the mixed functions of investigation and detention lead to a lack of effective external supervision in the exercise of investigative powers. Due to the lack of necessary independence and mutual checks and balances, case-handling personnel are more likely to resort to improper means such as extorting confessions by torture under the pressure of performance appraisals such as the rate of solving cases, and even lead to unjust, false and wrongly decided cases. To avoid this, the mainstream view is that the management of detention centers should be transferred from the public security organs to the judicial administrative organs.
In 2008, the adoption of the Opinions of the Political and Legal Committee on Several Issues Concerning the Deepening of the Reform of the Judicial System and Working Mechanisms marked the beginning of judicial reform. One of the important contents is the major adjustment of the detention center management system, and it is planned to transfer the management of detention centers to the Ministry of Justice (bureau) system. In 2014, at the second session of the 12th Zhejiang Provincial People's Congress, Qi Qi, President of the Zhejiang Provincial High People's Court, and **Long, Procurator General of the Provincial People's Procuratorate, submitted work reports respectively. What attracts people's attention is that both reports mention two unjust and wrongful cases, namely the "two uncles and nephews" and the "robbery and murder case of five young people in Xiaoshan", and set up a special chapter to reflect on how to correct and prevent unjust, false and wrongly decided cases, and put forward suggestions for "separating investigation and detention".
Although the Ministry of Public Security issued a plan in 2015 to comprehensively deepen public security reform, it did not mention the separation of investigation and detention, which to some extent frustrated expectations for detention center reform. In a 2016 interview, Zhu Lieyu, a deputy to the National People's Congress, stressed the importance of separation from detention and detention. He pointed out that life cannot be repeated, and the wrongful convictions of She Xianglin and Zhao Zuohai have exposed the serious shortcomings of the current detention center management system. Achieving the separation of investigation and detention can not only fundamentally prevent the extortion of confessions by torture and extended detention, but also protect the personal rights of detainees. Separating detention centers from the jurisdiction of the public security organs and placing them under the management of judicial administrative departments is the key to fundamentally preventing unjust, false and wrongly decided cases.
In many countries, separation of custody and custody is the norm in the justice system. For example, Japan's Ministry of Justice is responsible for managing prisons, and its prisons can be divided into two types: detention centers and penal detention centers. A detention facility is a facility for detaining criminal suspects who have not yet been sentenced, mainly for the detention of criminal suspects who are being interrogated, or those who need to be held to prevent the destruction of evidence. The penal facility is used to hold prisoners who have received a guilty verdict for the purpose of execution and rehabilitation. In addition, the responsibilities of the Ministry of Justice include serving as legal advisers at all levels, enforcing court decisions, supervising public security investigations and prosecutorial work, organizing the selection of law enforcement personnel, including entrance examinations for judicial trainees, and handling immigration matters.
The separation of investigation and detention is also an important step in accelerating the process of the rule of law and bringing it into line with international standards. Judicial-administrative organs already have practical experience in managing prisons, they have no direct interest in detainees, and they have the conditions and ability to manage detention centers. However, China still faces many challenges in the implementation of separation of investigation and detention. Under the current system, the management and control of detention centers by the public security organs is considered an important part of the investigation, and there is a fear that the loss of control over the detention center may affect the efficiency of the investigation. Institutional reform requires a large amount of administrative resources and manpower investment, including the establishment of an independent management system, personnel training and facility upgrades. In addition, there are many legal, political and administrative obstacles to be overcome.
Despite these challenges, separation of custody remains an important direction of judicial reform in our country. Not only does it contribute to the impartiality and transparency of the judiciary, but it is also a crucial step in safeguarding human rights and advancing the rule of law. On the road of reform in the future, we can draw on international experience and take into account the actual domestic situation to gradually promote the establishment and improvement of the system of separation of investigation and detention.