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A Research of the Check and Supervision System for Carrying out Reeducation Through Labor

Author: JinJuan
Tutor: LiChangYong
School: Shandong University
Course: Constitutional and Administrative Law
Keywords: The implementation of re-education through labor Procuratorial supervision System Construction Rational analysis Procedural justice
CLC: D926.8
Type: Master's thesis
Year: 2010
Downloads: 118
Quote: 1
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Abstract


Reeducation through labor is illegal and minor criminal acts practiced forced re-education specific to a legal regime. The implementation of re-education through labor reeducation through labor departments of the Executive rights illegal and minor perpetrator correction of violations process. For nearly half a century, through the implementation of the system of re-education through labor education, probation and to save a large number of criminals who played a very important role to consolidate the new people's democratic regime, promote the process of socialist rule of law. However, the implementation of the system of reeducation through labor is not yet fully adapted to the needs of the process of China's rule of law, lack of supervision and procuratorial system constraints in the implementation process of re-education through labor, resulting in the re-education through labor during the execution of the corruption of power affect social fairness and justice, against the interests of the parties, with China increasingly emphasis on judicial protection of human rights does not match the trends. This paper attempts to examine the history and reality of the implementation of the system of reeducation through labor, analysis of the defects of the theory of its existence and practice, and from the perspective of the ideal and the reality, to explore the establishment of the path and method of implementation of the re-education through labor system of procuratorial supervision made bold vision. This paper is divided into four parts: The first part is a brief summary of the formation of reeducation through labor system, which summarized the implementation of the concept of re-education through labor, nature and characteristics. The article summarized and working practices in the implementation of the re-education through labor reeducation-through-labor legal status issues were the focus of analysis. The second part of the implementation of the re-education through labor the need for the introduction of procuratorial supervision, feasibility and reality of a combination of theoretical and practical detailed analysis and discussion. The third part of the implementation of the legislative situation of reeducation through labor briefly summarized and compared with foreign similar system. The article summarizes the implementation of the re-education through labor procuratorial supervision missing due to confusion, and the reasons for this situation to carry out in-depth analysis and discussion. The article also be performed on the current re-education through labor the procuratorial supervision missing and the reasons were analyzed. The fourth part focuses on the concept of procuratorial supervision of the implementation of the re-education through labor system, and from the legislative principles guiding ideology, specific systems, measures and procedures to carry out a bold vision, pointed out that the procuratorial supervision should be introduced as soon as possible the implementation of the re-education through labor, and constantly perfect legitimacy and rationality of the system of re-education through labor, and ultimately build a fair and just and orderly society.

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