Research On The Administrative Reconsideration Of Reeducation-Through-Labor

This paper attempts to put in the theme from the origin of the administrative reconsideration of reeducation-through-labor, analyze its situation and survey the main body and procedure of administrative reconsideration base on the public choice theory, to bring forward the direction of development and the proposal of perfecting the system on the basis.The introduction part begins with the researching task, researching situation, researching meaning and researching idea of the paper. Firstly, definite three aspects task on administrative reconsideration of reeducation-through-labor, generalize the researching situation in China and abroad. Secondly, explain the important meaning to maintain the legitimate rights and interests of the reeducation-through-labor person. Finally, take forward three researching ideas.Chapter one,"origin of the administrative reconsideration of reeducation-through- labor", introduce the long-term absence of administrative reconsideration in the reeducation-through-labor field, the come into being and meaning, the basic characters and principles. Through reviewing the absent situation and analyzing the procedure of dealing with the cases, explain the realistic meaning and discuss the basic characters and principles.Chapter two,"situation of the administrative reconsideration of reeducation-through- labor", introduce the situation, the problem in the practice and the causes of the problem. Reviewing the transaction, organization and the system constituting, point out three problems on the main body, the procedure and the domination, analyze the causes in unreasonable organization, irrelative procedure, defective domination, and demonstrate the necessity of reforming.Chapter three,"analyzing the main body of the administrative reconsideration of reeducation-through-labor", introduce the basis of theory, the positive contrast and revelation. Rethinking on theoretical level, meanwhile, use for reference the experience in the US and UK, acquire two revelations of function separating and bis- reconsideration.Chapter four,"developing direction of the administrative reconsideration of reeducation-through-labor", introduce respecting the value of procedure and the reforming orientation. On the background of pressing requirements of administrative reconsideration practices, bettered environment for rule of law and gradual improvements in administrative reform, demonstrate the developing orientation of limited jurisdiction and the basis of processing justice.Chapter five,"suggestion of perfecting the administrative reconsideration of reeducation-through-labor", introduce the independence of main body, the standardization of procedure and importing the supervision of prosecution. Focusing on the authority of administrative reconsideration, probe into some perfecting measures, include holding and abolishing the reeducation-through-labor manage committee, setting the administrative reconsideration committee, regulating reconsideration procedure on four aspects and introducing into the supervision of prosecution.