중국 감찰법상 유치 제도에 대한 소고－ 피유치자의 인권 보호를 위한 문제점과 개선방안을 중심으로 －

Abstract

On March 20, 2018, the First Session of the 13th National People’s Congress of China voted to adopt Supervision Law of the People’s Republic of China (hereinafter referred to as the “Supervision Law”), which means that the detention system has become a legitimate investigative tool for supervisory organs to restrict personal freedom in execution of duty. As a new mandatorily investigative tool and an important law-based method, detention measures assist supervisory organs in investigation and play a positive role in anti-corruption campaign. The Supervision Law stipulates the supervision actions of supervisory organs and supervisory personnel, the basic rights of the investigated persons, and the right relief of the improper detention system. However, the specific reverse applications of the detention system are not explicitly stipulated. Furthermore, as the Supervisory Law has been formally enacted and implemented for only two years, there are many problems arising from the implementation of the detention measures. I believe it is necessary to improve the legislative and judicial practice in the future. Through an analysis on the detention system stipulated in China’s Supervisory Law, this paper will identify the problems thereof, particularly concerning the protection of detainees’ human rights, and emphatically discuss the corresponding improvement plan in the future.