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The Disscussion About Dilemma And Outlet Of The Indoctrination-through-labot System

Posted on:2009-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:L XiongFull Text:PDF
GTID:2166360275969201Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China's indoctrination-through-labor system is a unique legal system.In the last 50 years after it established, the system obtained considerable achievements in the maintenance of social stability, preventing and reducing crime, and educating officers who made a wrong step in life.But today, in the process of China's legal system, China pay more attention to the protection of human rights and indoctrination-through-labor system reaches a new crossroads, facing numerous difficulties and challenges. Integrated the actual work of re-education, this paper has analyzed the status quo of the current work of the reeducation-through-labor from a legal view and explored it's rationality and legal basis, as well as practical significance. The paper has attempted to change the embarrassing situation of indoctrination-through-labor system in the judicial punishment system, realize it's rationalization and legal-rization and that the judicial process, in order to provide a realistic path to improve the system and speed up the re-education legislation.The paper includs the introduction, the text and the conclusion.The text has four chapters: The first chapter has introduced and analyzed briefly the main struggle points about retention or abolition, reformation of the indoctrination-through-labor system; the next chapter is an analysis of the system's objective basis, including the legal basis, law basis, history basis, reality basis and experience of related systems abroad, to make it's rationality and necessity clear; the third chapter has analyzed deeply the predicaments and the deep-seated reasons of the system; the fourth chapter is mainly explored the outlet of the predicament from the legislative and practical level.We can apply legislation and practice to possess the necessary elements of the legal system, enable entities in line with procedures and make the effectiveness matching operability. At the same time ,for the value of the legal functions we exercise the relief procedure for the elimination of acts against society again and using community to rectify in executive manner . So that we are able to provide theoretical basis and practical support for the legislation maturity of the reeducation-through-labor system.
Keywords/Search Tags:indoctrination-through-labor system, Law predicament, Procedure judiciary-rization, legal outlet
PDF Full Text Request
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