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Recognition And Reflection: The History Of Study To The System Of Reeducation Through Labor Nearly Thirty Years

Posted on:2013-01-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:P F YuFull Text:PDF
GTID:1116330374974353Subject:Legal history
Abstract/Summary:PDF Full Text Request
The system of reeducation through labor as a topic of conversation with Chinesecharacteristics,it has survived for50years.In the political discourse. When ourcountry under the rule of law at the national level set foot on the journey, theguarantee of human rights in the constitution, In the field of criminal law establishedthe crime legal principles and the presumption of innocence, and on the backgroundof the more completed legal system, the rationality and legality of the system ofreeducation through labor concerns has more obvious. The law theory of the systemof reeducation through labor involves a wide range of disciplines, Includingjurisprudence, constitutional law, administrative law, criminal law, procedure law,criminology. In course of study and development of the system of reeducation throughlabor in recent thirty years, it gained rich academic achievement, and formed indifferent theories,ideas and opinions in science of law, These studies contain differentacademic thoughts, it has important significance to the understanding and review ofthe system of reeducation through labor. Although it has thousands of research resultson the system of reeducation through labor nearly thirty years, However, the researchon academic achievement has not systematic academic carding, So that later for laborresearch academic achievement understanding not to scattered, often not speak in detail. What should it take kind of academic standpoint to the system of reeducationthrough labor, it need comprehensive carding the history of the theories ofreeducation through labor nearly thirty years, carries on the system analysis, summedup refining. This article is about the system of reeducation through labor research inrecent thirty years, academic achievement as a discipline combing, elaborate thesummary, to facilitate and encourage later scholars, at the same time make a prospectIn order to further advance the process of China's rule by law.In this paper, the discourse structure is established on the basis of theclassification, this article consists of introduction and main body, the main bodyportion has five chapters, specific as follows:Introduction, is the theme of this article, it tells about the main purpose of writingthis paper, about the research methods and significance, review on the system ofreeducation through labor studies, and to introduce and define the reeducation throughlabor, the concept and meaning of history, for this paper to tichy role.The first chapter, the system of reeducation through labor research overview. Inrecent thirty years, the research of the system of reeducation through labor haspublished thousands, study on the different historical periods have differentcharacteristics. This chapter through to the system of reeducation through laborresearch return after nearly thirty years of academic research and an overview of thehistorical development, the history of different periods of views and opinions weresystematically classified, carding and analysis, In order to accurately understandingthe system of reeducation through labor research development, comment on theacademic research and review.The second chapter, the basic theory of the system of reeducation through labor.Since study on system of reeducation through labor has recovered, In some of thebasic issues it has been the existence of differences and disputes, different disciplinefor its properties, application and their abolition has a different point of view anddiscuss. The chapter on the different views and opinions are discussed in detail,carried on the analysis and study, In order to make the system itself and the systemresearch have overall understanding. The third chapter, the system of reeducation through labor entity reform research.Over the years, along with the legal system of reeducation through labor systemcomplete with each passing day, about the legitimacy and rationality problem hasbecome an unavoidable topic. In order to bring the system of reeducation throughlabor into the legal framework, the author proposes a different entity reform. Thischapter is on different theorists proposed labor entity reform program of subjectclassification combs, and gives a review.The fourth chapter, the reeducation through labor system program. reformstudies. The system of reeducation through labor program including approval,execution and supervision generalized, there are obvious defects, especially theeducation-through-labor program approval, is against the basic principles of the ruleby law. How to make the system of reeducation through labor program conforming tothe rule by law, it is what is most concerned about the problem. This chapter analyzesthe alienation and theorists proposed labor judicature and administrative approvalreform plan, implementation and supervision of the reeducation through labor reformand suggestions.The fifth chapter, several problems about the system of reeducation through labor.Study of academic inheritance and correlation,especially for reeducation throughlabor in this from the beginning of creation is defined in the political context of thesystem, on the political special period review can understand the development andchange of labor education research. This chapter not only review and comments onthe1979previous related research of reeducation through labor, also on thereeducation through labor substitution system--correction of illegal acts law studieswere conducted in trace analysis, At last the whole process of academic achievementundertook summing up, the study pointed out the deficiency and defect, and prospectresearch of future.
Keywords/Search Tags:Reeducation, through labor, Theory, Study of historyThe entity, and procedure
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