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Abolishing and Replacing to Reeducation Through Labor

Author: YeLuZheng
Tutor: DaiXiaoMing
School: Central South University for Nationalities
Course: Constitutional and Administrative Law
Keywords: Labor reeducation Plight Abolition of the Law and order control
CLC: D926.8
Type: Master's thesis
Year: 2010
Downloads: 269
Quote: 0
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Abstract


Through-labor system with Chinese characteristics is quite legal system. 50 years, the system of re-education through labor for the maintenance of social stability, people live and work the smooth crack down on illegal activities and petty crime and ensuring socialist modernization drive has made outstanding contributions, especially in the fight against evil forces, drug-related crimes, cult and pornography and gambling drug crimes, maintaining social order, has played an active role in the prevention and reduction of crime. Has been academia and judicial practice sector there is a different understanding of the nature of the re-education through labor, combined with this system there are many defects, its considerable controversy, different point of view. Since 1987, with the re-education through labor legislation out of the national legislative agenda, on the system of re-education through labor is kept the waste debate reached its peak. It should be noted, the existing system of re-education through labor has lost the upper law specification supports, but it is still in our society works and plays a role in this phenomenon and the pace for the rule of law in China is not in tune, the key is we have to to construct a system to both preserve and enhance the positive role of labor education system, and also meet the requirements of the rule of law, fundamental change to make this abnormal phenomenon. This paper is divided into five chapters of reeducation through labor system study, summarized the characteristics and nature of the current re-education through labor system, sort out and analyze the re-education through labor system the evolution of the history and the current difficulties faced by the academic community about the abolition of re-education through labor debate different points of the reasons summarized and analyzed on the basis of the evaluation of two diametrically opposite views, proposed to replace the existing re-education through labor system concept - law and order control system. Chapter One: the system of re-education through labor Overview. Reeducation through labor is the executive to the serious violations of regulations on public security administration, incorrigible, or a minor crime, but not serious enough for criminal punishment conditions, and the ability to work on will cause harm to people in the community to take the content, restriction of personal freedom , the implementation of forced re-education in order to maintain law and order, to prevent and reduce crime penalties. With the continuous development of China's political, economic and social changes of the law and order situation, the nature of reeducation through labor in China has experienced the development and evolution of a longer period of time. Based on a practical point of view, from a practical effect to examine the system of re-education through labor, we can see that the control of the reeducation through labor provisions of the Criminal Law, detention and short-term freedom even harsher punishment. To look at from the perspective of the rule of law, of re-education through labor \Chapter II: reeducation through labor system historical evolution. China's reeducation through labor system that produced the original is based on the needs of the early days of political struggle, from the \decision on the problem of re-education through labor \the system of re-education through labor from the political to the legal change. The entire history of the evolution can be divided into a period of political operation, from the political to the legal changes, Legalization of the three stages. Chapter III: the difficulties faced by the system of re-education through labor. With the development of China's political, economic, cultural and other aspects of change, especially the \the requirements of the times, there are many problems, mainly reflected in: normative level the plight of conflict conflict with our participation in the international human rights conventions applicable object to restrict the personal freedom of the strength of perversion, lack of effective supervision and Remedy five aspects. Chapter 4: Abolition of the reeducation through labor system. Reeducation through labor rationality, fairness of different views in the academic community has always been summed up, \Certainly believe that from the past to the present is a system with Chinese characteristics, the system of re-education through labor has played a positive role in maintaining social order, to ensure the smooth progress of the socialist modernization in the new period is still irreplaceable ; opponents think, after 50 years of development evolution, the nature of the re-education through labor system and the role has been with the original intention of the original design is very different from criticism of the system of re-education through labor is a system of human rights violations, has been lost the existence of the rule of law. Reserved commentators fully affirmed the positive role of re-education through labor, but ignored the human rights of the minority, the justice is bound to be questioned. To see the abolition of the reeducation through labor, anti-rule of law and injustice, but have not been able to find a good alternative system to fill the vacancy on the system of Reeducation through Labor \Chapter V: law and order control system instead of re-education through labor system. The reason why our existing education through labor system in the absence of specification-based case still work, not so much emotionally difficult to let go, as it is generally recognized its utilitarian. The key is we want to construct a system, both to preserve and enhance the positive role of labor education system, but also reasonable solution to balance protection of human rights to maintain social order, in line with the requirements of the rule of law, in order to really make this abnormal phenomenon changed. Since the reform and opening up, China's rapid economic development of the premise, to maintain the basic stability of the social order, which shows that our current system of general social development is in line with requirements, and no obvious system flaw. Problems of the system of re-education through labor is coordination between the relevant systems with the problem, the need is to adjust and integration. Along those lines, I conducted some exploration, through the integration of reeducation through labor and control punishment devised an alternative to the existing system of reeducation through labor administrative penalties - law and order control system.

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