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On Procuratorial Supervision For Reeducation-Through-labor

Posted on:2011-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:B SunFull Text:PDF
GTID:2166360305951041Subject:Law
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Reeducation-through-labor system has been created in the 1950s,it has played an important role in Preventing of crime,make up the structural deficiencies of criminal law,and maintaining social stability. However, as our country put forward the strategy of rule of law, the reeducation-through-labor problems beginning to show its problems,and the public began to question it's legitimacy and impartiality, experts and scholars began to focus on the abolition or change of reeducation-through-labor.In this paper, in terms of procuratorial supervision, we try to find one that can solve the problem of re-education and gradually push it to legalize, through a review of the development of education-through-labor's history and analysis of practical problems.This paper is divided into four parts, the first part major study of reeducation-through-labor system, the history, basic content, the problems and the parties to their retention or abolition of the controversy. Through the study, we can found that there were no effective supervision from the decision to legal remedies,resulting in expansion of executive power, the question arises.The second part major research the significance-of-reeducation, point out that no matter how reform, strengthening the inspection and supervision to overcome the problem that exists in reality are essential. Strengthen the inspection and supervision consistent with the balance of powers, popular sovereignty, protection of human rights, China's national conditions, and the need to solve practical problems.The third part analysis the legitimacy and feasibility of procuratorial supervision for reeducation-through-labor through comparing with other state organs,practical experience that the The prosecution has.The fourth part put forward some suggestions to perfect procuratorial supervision for reeducation-through-labor.I give advices mainly from procedures, and means of inspection and supervision,hope to overcome the disadvantages.
Keywords/Search Tags:Reeducation-through-labor, Prosecutorial supervision, Human right
PDF Full Text Request
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