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Innovation Research of Labor Education and Rehabilitation

Author: LiuJianHui
Tutor: LiuZhongWei
School: Shandong University
Course: Legal
Keywords: Education-through-labor development tendency nature localization execution reform
CLC: D926.8
Type: Master's thesis
Year: 2007
Downloads: 86
Quote: 1
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Abstract


The education-through-labor system although was stable,the prevention in the maintenance national security and the reduced illegal crime,the education saves the young people aspect to play the unique role,but the existing reeducation through labor system in aspect and so on rationale,system design and method method has very many problems,at present already became in the international human rights struggle a focal point,therefore,the reeducation through labor system reformed imperative.This article take education-through-labor carries out the way and falls the foot spot as the viewpoint,has carried on the analysis proof to the future education-through-labor reform heavy construction.This article altogether is divided four chapters.First chapter elaborated education-through-labor historical vicissitude and the development tendency.First from the education-through-labor concept,the characteristic,the nature changes analyzes the education-through-labor the development course,through 50 for many years education-through-labor system in the different time nature localization,has manifested to the education-through-labor system carries on the reform the significance,proposed the new structural design must have the right, Advanced nature,the rationality and procedure fair.Second chapter elaborated the education-through-labor system to be supposed however the localization.The author had in the proof the administrative punishment said,the misdemeanor punishment said,the divergence said,the special judicial branch explains things and so on in the legislation plan foundation, obtained has approved of the fourth viewpoint the conclusion.The soon education-through-labor heavy construction is one kind of judicial punishment, tries the ruling by the people’s court,this already conforms to our country present judicature system,is advantageous to the realization prevention crime goal,also conforms to the world many countries criminal activities policy development tendency,is advantageous to safeguards citizen’s lawful right. Third chapter has analyzed the contradiction and the question which in the present education-through-labor implementation exists.One,the execution object has the political nature,also the execution object magnification is easy not to bring the determinism;Two,carried out the measure to deprive,to limit the personal freedom,the reeducation through labor personnel’s legal status has not been clear about,carries out the pattern characteristic not to be bright;Three,the education-through-labor decision-making power and the deadline change concentration of power,lacks the effective relief and the restriction surveillance system.Fourth chapter proposed the reeducation through labor carries out the way reform pattern choice,namely rectifies with the community is connected or links up,adopts compares the community to rectify the more loose community service way,took basic and mainly carries out the way,take the enclosed management as the temporary measure,take half open style management as the transition,as specifically carries out the way education-through-labor take the open style management to carry out the pattern.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Reeducation through labor system
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