What is holding the review? Criminal law interpretation -- 83

  A review, also called for "so and so, by the Public Security Bureau for the!" Before 1997, often hear a word.
Before 1997, the public security organs all over the place held people are hung three brands, detention, detention, shelter. When parties find lawyers said their loved ones are being caught, the lawyer to request the parties to be locked in jail, jail or shelter. If locked in jail, I will tell him, it is the criminal suspect, in accordance with the "law of criminal procedure". If kept in detention, I will tell him, it is a violation of public security management regulations, up to 15 days detention. If in the shelter, I will tell him, that's where the lawyer can't defy laws human and divine, intervention.
For the system in 1961. Public Security Bureau catch leave no timely put out, called "tried", on what should be tried? Be who should be held for a long time? What is the legal basis for? Who also said not clear. Political movement way, there is a group of people for. There is an important Chinese visiting leaders, have a batch of people tried. The country has a significant activity, such as in celebration of national day, held an important meeting, there are a number of people for. Many people always tried, to see the leadership temper. For who, see everyone's luck.
In 1980 the "constitution of the Republic of China (draft revision case)" promulgated, cross national people's discussion. One of the: "citizens of the people's Republic of China enjoy freedom of the people. Any citizen, except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest. Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom, unlawful search of the body of citizens."
   During the ten years of turmoil, not only military control commission, committee, any organs, mass organizations have power will they think there are problems of people locked up for review. After ten years of the cultural revolution people see this article, maneuvering to tears. It was the first impression is: the red guards, the rebel raid, arresting people at the end of. After a thorough discussion, people can feel, this article aims at not only the red guards, the rebels, and against the government. Except with the approval or by decision of a people's Procuratorate or by decision of a people's court, the government does not have the authority to citizens will be held to review.
In the discussion of "the people's Republic of China" in the draft amendment to the constitution, the State Council promulgated the state (1980) No. 56 document "notice" on the forced labor and a review of two measures are unified in the reeducation through labor provisions. This is the first "official Chinese on Asylum review" normative documents. Document: "for minor crimes and not say real full name, address, unknown source or origin of people, or a slight crimes and flee hither and thither, repeatedly commit crimes, gang crime suspects should be contained into crimes, take place of reeducation through labor review special formation."
The (1980) No. 56 document of sheltering for investigation object to make the limit, then bring order out of chaos, have a positive role in the construction of socialist civilization. But there are serious problems. In 1980 the people's Republic of China is the first law of criminal procedure law started the year, the first time defined the approval or decision of arrest powers belong to the procuratorate, court, not to the government. The government retains a "holding jurisdiction", is a reserved the right of arrest, and formulation of "constitution" and the beginning of the "Criminal Procedure Law" to fight. The (1980) No. 56 document, although make the restrictive provisions of accommodating object, but the procuratorate, the court has no right to intervene, also do not allow lawyers to defend. What is the "minor crime"? What is the "unknown source or origin"? Explained by the public security organ at. The government as both player and referee, whether caught what people, the government is always right.
  The last century 90's, China began to develop a "legislative law" legislation law "," the most important one in which "only the National People's Congress has the power to provisions of deprivation of the political rights of citizens, restriction of personal freedom of the mandatory measures and penalties." A review is clear "restriction of personal freedom of the compulsory measures", the State Council of the Central People's government, by the government to "asylum review" file is obviously illegal.
In March 17, 1996, China eighth session of Fourth National People's Congress passed the "on the revision of the" Criminal Procedure Law "decision" of the people's Republic of china. Modify "Criminal Procedure Law" in the process, the first argument is accommodating abolished censorship. Some follow the beaten track request will be "a review of" write "Criminal Procedure Law" as a kind of compulsory measure, a review is mainly suitable for minor crimes and not say real full name, address, unknown source or origin of people, or a slight crimes and flee hither and thither, repeatedly commit crimes, gang crime suspects need a check crime. A review of a decision by the public security organs, due to the need to identify the identity of the crime was tried and true, detention time of up to three months. Most believe that the lack of effective supervision and restriction mechanism, keep a review system is to allow the government to arrest casually, namely the violation of international human rights convention, illegal "people's Republic of China Constitution". The revised "criminal procedural law" the abolition of the asylum examination system. The revised "the people's Republic of China Criminal Procedure Law" implemented on January 1, 1997. On this day, all over the country Public Security Bureau unified picked "shelter" brand. Chinese to the law society step.
The total social advance, but not Everything is going smoothly. 97 years after the national ban shelter, quiet for a while. Not long after, institutionalization, reeducation, deportation, and of every hue in the deprivation of personal liberty rights of custody quietly unearthed. Most shocking is the twenty-four secret "black base around 2010 in Chongqing". To set up a base without the approval of the state, held what people have no fixed standard, does not need the approval of procuratorate detention, detention of no time limit. Does not have what difference and during the ten years of turmoil "cowshed". The good news is that these "black base" are now banned. Any stop China legal construction behavior is a mantis trying to stop a chariot.