Discussion On The Law Enforcement Power Of The Education-through-labor Institution Police And Its Executing Difficult Position And Countermeasure

As one of our country police series, the police of education-through-labor are an important tool for the people's democratic dictatorship, which serves as main body of education-through-labor legal relationship in our country. Since the birth of the education-through-labor system, with more than 4,000,000 illegal and the slight crime personnel saved, the police of education-through-labor have played an irreplaceable role in preventing and controlling the crime, maintaining the social stability and promoting economic development, by overcoming various difficulties and loyally fulfilling the responsibility entrusted by the laws and regulations, carrying out the duty of education-through-labor firmly. The attribute of police of education-through-labor stems from the education-through-labor legal regime, and attaches in the nature of education-through-labor and the define of "People's Police Law" and other related laws and regulations, which has many kinds of attributes in political, legal, social and occupation. Fundamentally, the law enforcement power of education-through-labor police belongs to the form of national executive power, being confirmed and set by the education-through-labor laws and regulations. With the evolution of education-through-labor system's determinants, the law enforcement power of education-through-labor police has experienced changes for many times, with the evolution of attribute from the non-punishment placement employment to compulsory, punitive and the education saving attribute gradually. Realistically speaking, the law enforcement power of education-through-labor police involves different angles the contents, and displays real state, which reflects five main contents, four characteristics and five types.However, with the gradual advancement of the process of the rule of law and the modern civilization, and with the continuous establishment and improvement of related legal system, the education-through-labor legal system meets many questions, and the running situation of the system has become even more awkward and difficult. The law enforcement power of the education-through-labor police faces impact and difficult position, which are represented in the respects such as lag, conflict and unsound of the legal regulations, unreasonable, imperfect and incomplete of system mechanism, which results in the shortage of authority, the unsatisfactory environment, the risk enlargement, the non-characteristic of law enforcement pattern, the weakening and marginalization of law enforcement main body in the law enforcement practice process.The law enforcement power of education-through-labor police is an essential and important executive power. To safeguard the exercise of the power, the law system of the education-through-labor police must be improved. The specific measures are: the reforms of the regulations of the education-through-labor, which will be presupposition of building law system of law enforcement power of the police, and the independent legal punishment, by changing the education-through-labor regulations into treatment system of illegal activity. These reforms will constitute complete system of law punishments on limiting or eliminating the personal freedom in China, jointly with penalty free criminal and physical punishment of administrative penalty. The multi-thread management will be avoided by straightening out the system and the mechanism as the foundation, adjusting two levels of management systems of the provinces-cities to the province subordinate unified management, and the problems will be solved such as non uniform of organizational system and the law enforcement, as well as name standard and convergence. Adjusting reasonably mechanism establishment system, transforming the operational mechanism of police, business, society, making clear the safeguard standard of the funds. Changing the original condition of one-duty-multifunctional law enforcement, by establishing the specialization the police force is the guarantee. Carrying out the police specialized construction, according to the different task and duty of the policemen, and according to different post characteristic and the division of labor. With the goal of improvement of rules of the law enforcement power, proposing the restructuring countermeasure on the principle, the safeguard, the legal liability and exercising way.