Reeducation Through Labor Security Measures Research

The paper is about the system reform of China's reeducation through labor and its purpose is to cognize the formation, practical problems, rationality and reform necessity about the system of reeducation through labor.It proposes feasibility report of security measures orientation of reeducation through labor to provide a useful reference for our legal system construction through valuation analysis about the way of the development and reform on the current system of reeducation through labor.The paper is composed of five parts. Chapterl briefly introduces the causes and developing history of China's system of reeducation through labor from the angle of history and makes a study of it from the aspect of applicable object, scope and phase characteristics.Chapter 2 discusses the necessity to reform the system of reeducation through labor through introduce the on the practical questions about China's system of reeducation through labor from the aspect of procedure, upper law, substantive law.Chapter 3affirmed the rationality of the system of reeducation through labor from the angle of changed applicable objects and focused on dangerousness. It introduces the way of the development and reform and they are listed as below mainly, such as establishing China's misdemeanor system, completing current administrative measure of reeducation through labor or administrative punishment system, establishing independent system of reeducation measures and implement of security measures system. The paper finds out the merits and drawbacks and proposes the best reform way of security measures orientation through valuation analysis meanwhile.Chapter 4 discusses the feasibility of security measures orientation of reeducation through labor through briefly introduction the developing history, function and species of system of security measures in the west. It's embodied in solving the defect about guarantee of human rights of reeducation through labor and the shortage of departure from principle of rule of law, instead the function of reeducation through labor by security measures, improving the existing legal system. Chapter 5 emphasizes on the macro and micro reform ideas of security measures orientation of reeducation through labor. At the macro level, we can clear the content belongs to security measures from punishment, penalty and enforcement measures, which can be integrated into the system of security measures with Chinese characteristics, and legislate according to certain principles. At the micro level, we can focus on the establishment of legislative model, type setting and applicable procedures...