Study On The Abolishment And Alternative Measures Of The Educational System

Detaining education system in the 1980s China’s specific historical conditions, the existence and the development, with a distinctive mark of the era, is a legal system with Chinese characteristics. After the reform and opening up, the government stressed that taking economic construction as the center, stability is of overriding importance. Comprehensive management of social security in maintaining social stability plays a crucial role, many administrative order management system were established under the social environment at that time, such as the system of reeducation through labor, detention and repatriation system. As the social security administration component part of another important measure -- the detaining education system, are deeply embedded into the core of high-rise, the rules and the economic development and social stability for the goals of the system environment.With democracy and legal system, continue to advance, the system of reeducation through labor finally in 2013 completely abolished, this is undoubtedly a great improvement of the rule of law in our country. However, democracy and the rule of law has always been hard won, for the freedom of the road is full of thorns, especially in the near future on Asylum education cases (such as "Haibo case, Xue Manzi case and Dongguan vice storm), the detaining education system once again become a public concern focus.In China promoting under the rule of law and the background of the deepening of the cause of human rights protection, the detaining education system reform is imminent. How under the new situation maintained a good social atmosphere, raise awareness of the people to obey the law, maintaining social order and stability, to reduce the incidence of illegal and criminal acts, which is we urgently need to solve the problem. After receiving education period. We want to make great efforts to construct a balanced system, is no longer a simple by executive order instead of the legal system, both in terms of retention and play active role of the detaining education system at the same time, and conforms to the requirements of rule of law in modern society.In China present special conditions and historical stage as the starting point, this paper summarizes the detaining education system of our country development and faced difficulties in investigation, review and reference to Western security measures based on the proposed measures suited to response measures to solve China’s prostitution, whoring behaviour.In a nutshell, in view of jurisprudence research detaining education system, not only help to more fully understand and grasp the thoughts about the legislation, the law enforcement concept, helps to enrich the contemporary various agencies of the Chinese legal system construction, but also for correcting and overcoming the current academic research in China many evils, promoting the development and prosperity of the law to have the important meaning.This paper consists of three parts:introduction, text and conclusion.The introduction mainly includes the reason and significance of the topic, research review, research methods, innovation and deficiencies four aspects. First, this topic mainly focuses on the present our country comprehensively promote the rule of law construction still exists, contrary to the development of democracy and the rule of law, laws and regulations; academic circles and judicial practice circles concern to the detaining education is not high, space research; the Fourth Plenary Session of the eighth proposed comprehensively promote the rule of law research opportunity, and heard the celebrity prostitution, prostitution scandal, detaining education system research have realistic urgency and necessity. Therefore, at this time in our country the detaining education system were a comb, in order to make up for the loopholes in the suggestions of the development of China’s legal system. Secondly, briefly introduces the research method of this paper; finally, the innovation and insufficiency.The text includes the following three chapters.The first chapter mainly introduces the detaining education system of our country. Is mainly divided into four parts. The first part mainly introduces the detaining education system of the background and related system; the second part is on the legal nature of the detaining education system a inductive generalization, this paper enumerates four legal attribute; the third part and the fourth part include contain education system in today’s concrete implementation process applicable to the object, is the basis of the conditions, must pass through the program, the main implementation of the content.The second chapter discusses the dilemma facing the detaining education system, from the jurisprudence angle specific analysis of the detaining education system in the current stage of social development faced by the theory, policy and practice problems.Chapter three evaluates the security punishment system, and put forward the concept of correction instead of rationality, legality and legitimacy of the detaining education system of our analysis.The third part is the conclusion, the author put forward to abolish asylum education system for the future of the rule of law.