The Judicial System Of Reeducation Through Labor Defects And Legislative Reform

Education through labor is endemic to China's legal system, the system has created since 1957, its theory and practice are divided community, but also led to more controversy. Especially in China after the establishment of administrative litigation system of reeducation through labor into the orbit of judicial review. This article from the Shanghai administrative committee responding to the case proceeding, by invoking the analysis of practical work in the available data and case studies, from the perspective of administrative proceedings of reeducation through labor system, the judicial shortcomings exist, and the development of alternative system of reeducation through labor "Illegal Behavior Education and Correction of Law "legislative proposals.This text is divided into four chapters: Brief introduction about reeducation through labor system and an overview of administrative proceedings. RTL against common types of administrative proceedings. The reason losing RTL administrative law suit. Legislative reform of RTL. Chapter I: Brief introduction about reeducation through labor system and an overview of administrative proceedings. Section I describes the evolution of the system of reeducation through labor reeducation through labor system of the existing legal basis are introduced. Section II outlines the national situation of reeducation through labor and administrative proceedings to the data, graphically described in the 2005 to 2009, Shanghai, RTL administrative proceedings and pointed out that the labor camp some of the features remote administrative proceedings.Chapter II: RTL encountered common administrative proceedings against type. Divided into three sections by case, applicable law from reeducation through labor disputes, law enforcement procedures of reeducation through labor dispute, labor dispute on the appropriate correctional treatment caused induction losing situation.Chapter III: Administrative proceedings against RTL Analysis.Divided into five section describes the nature of education through labor standards are not uniform fuzzy lead trial; labor camp to teach object collection lack of normative; legal system of reeducation through labor lag; labor camp defects enforcement procedures; labor camp to teach the standard operational lack of incomeobjectivity of the resulting imbalance in five aspects of discretion causes of the problem.Chapter IV: Reeducation through labor legislation reform. Section I describes the definition of illegal treatment of education for the object, the legal nature and duration of treatment. Section II the illegal correction of education standards and teaching conditions. Section III Education and Correction of violations of the main parties in decision-making process of legislation to set the permissions. Section IV Education and Correction officers from the protection of the rights protection of the rights perspective for a relief program.