Legislation Of Reeducation Through Labor System

The primary requirements of the socialist country ruled by law is the law, the current detention system lacks legal basis of the situation, leading prosecutors oversight in the implementation of detention approximate blank, resulting in recent years, the public security organs arbitrary detention to detain citizens for serious violations of human rights events occur, and also because of reeducation through labor system after the relief of the lack of effective non-judicial remedy. In the state respects and safeguards human rights progress today, the new requirements of the revised Criminal Procedure Law to strengthen protection of human rights today, it is imperative that the NPC to develop a suitable system of reeducation through labor laws, through a re-education so that the public security organs of the judicial power is subject to judicial constraints, especially the prosecution in which the supervisory role should be played throughout the approval, execution, relief and other procedures. In recent years, for example, in the discussion of the " correction of violations Education Law", the abolition of reeducation through labor system and reform discussions. This topic will prosecutors examine innovative idea of trying to migrate to arrest detention institutionally, in particular the need to arrest and detention necessity of thinking, whether to propose new criminal procedure similar to the one where the same requirements as the need for replication arrest in detention system, its personnel subjective vicious, likelihood of recidivism, treatment degree making a comprehensive judgment, a clear scope for detention by prosecutors responsible for the approval or filing oversight and execution enjoyed detention in a detention review of the necessity to continue, so that the detention return to its original legislative intent, to avoid public security organs to a single large, lack of checks happen.This article on China’s labor system in-depth analysis and reflection, and after careful study, research, many experts and scholars for the system of reeducation through labor reforms proposed by various perspectives (including repeal), based on the combination of their actual work experience and research, innovation will prosecutors examine the idea of trying to migrate to arrest detention institutionally. Arrest and detention, especially the necessity necessity thinking whether to propose new criminal procedure similar to the one where the same requirements as the need for replication arrest in detention regime, its personnel subjective vicious, likelihood of recidivism, treatment degree making a comprehensive judgment, the scope explicitly detention by prosecutors responsible for the approval or filing oversight and execution enjoyed detention in a detention review of the necessity to continue, so that the inmates return to its original legislative intent, to avoid public security organs to a single large, lack of checks occurs.