The Research Of Administrative Penalty System Of Community Correction

Reeducation through labor system in our country has been a controversial system, its existence andcriticized by scholars of dispute. Began the system of reeducation through labor, the beginning of thefounding of new China, perfect the mature in the new period of reform and opening-up after the thirdplenary session, is a system with Chinese characteristics, in a long time to maintain our country’s socialstability, and service of our country has made great contribution to the economic and social development, isan important legal system in our country. At the beginning of the founding of new China, the new people’sdemocracy is facing the severe situation and challenges at home and abroad, foreign, capitalist countriescamp, led by the United States, and the different ideology of socialist camp, extremely hostile to the newChina of the people’s democratic regime, the new China adopted the policy of blockade, isolated,surrounded by military;, internal forces of old unwilling to fail, crazy series of subversion and sabotageactivities, trying to threats and weaken the freshman of the people’s democratic regime. In addition, ourfounding, the newborn, recovery and development of national economy, strengthen the newborn people’sdemocratic regime, the threat of foreign to break the imperialist countries China and blockade, urgentlyneeds a stable social environment, in other words, after the founding of new China, the first priority is tostabilize the social order, optimize the environment of public security, to consolidate the newborn people’sdemocratic regime. In1955, the central committee of the communist party of China issued "aboutthoroughly eliminate hidden counter-revolutionaries instructions", the instructions to clear up thecounter-revolutionaries in motion principles and policies to deal with the classification, one is sentencedafter a labor camp, namely criminal sanctions; One is for some crimes is lighter and frankly, merits, such aslightly plot, and not continue to adapt to retain, on society and increase unemployment, cause new socialinstability, implements the reeducation through labor, neither completely deprived of their liberty, to betogether, for countries to work and pay the remuneration to the difference between the penalty by the statetransformation method. In January1956, on the various provinces and cities should immediately organizethe education-through-labor institutions instructions ", further defined the guiding ideology of reeducationthrough labor system, the education object for counter-revolutionaries and other bad elements, breeding range for the former have bad happened, but it is not enough, is not appropriate to continue to retain and onsociety and cause unemployment and other uncertainty,"instructions" also decided that should beestablished respectively in the country places of reeducation through labor, raise to set up by the interiorministry and the ministry of public security. Here, the education-through-labor system in our country hasbegun to take shape. Published in1980, the state council "about to forced labor and unification inreeducation through labor of two measures for review notice, in1982, the ministry of public security issuedthe trial measures on settling reeducation through labor, in1986, the standing committee of the NationalPeople’s Congress passed the" regulations on administrative penalties for public security ", in1990, thestanding committee of the National People’s Congress passed the "decision on drug control" and so on, thesupreme people’s court and the supreme people’s procuratorate also issued relevant judicial explanation, atthis point, the legal source of the system of reeducation through labor is to expand, the applicable objectsand scope to further expand, make enough punishment punishment and other than minor administrativeillegal administrative illegal behavior can apply the system of reeducation through labor. In November2013, the central committee of the communist party of China held its18th, the third plenary session of themeeting pointed out that the construction of the rule of law in China, to maintain the authority of theconstitution and the law, deepen the reform of the administrative law enforcement system, safeguardpeople’s rights and interests, improve the system of human rights protection. On the basis of this thought,"the central committee of the communist party of China on comprehensively deepen reform certain majorissue decision","abolish the education-through-labor system, improve the correction of illegal and criminalbehavior of punishment and law, a sound system of community correction." This means that the existing inChina for decades and controversial system will become a thing of the past. Abolished in our country fordecades, however, the system of reeducation through labor, how to solve the problem of its follow-up, howto prevent the subject of reeducation through labor in society caused by the new social problems, in whatsystem will replace the system of reeducation through labor, become issues of common concern to thescholars.In this paper, according to certain logical order, in the first part discusses the theoretical andpractical significance to abolish the re-education through labor system, and then after the abolition ofreeducation through labor system may produce new social problems to discuss; The second part is the transition part of this article, through the community correction of severalgroups of similar concepts, seeks to bring people to the community correction system has a certainunderstanding, from the concept of highly at the same time the author also introduced the western capitalistcountries represented by America and China’s present situation of the implementation of the system ofcommunity correction, will make a comparison between the two, lays the foundation for the third partdiscusses, do the bedding.The third part is the focus of this article, first of all, from the aspects of theory, discusses thetheoretical basis of "community correction" system-"theory," public order through comprehensivemeasures, and then through the system design, the system of "community correction" included in theadministrative punishment law system in our country, making it a "substitute" of reeducation through laborsystem, not only conforms to the concept of the rule of law, of the China are more agree with the actualsituation of Chinese society.