Legislation On Education And Correction Of Violations

Reeducation through labor system in our country through nearly60years of history, system in the process of the implementation of the public security organs do not need through the court, then to illegal behavior person for up to an aggregate period of four years of restricting personal freedom, reeducation through labor measures such as forced labor, ideological education. Objectively speaking, the education-through-labor system since the last century50was formally established, indeed in preventing illegal crime and maintaining social order has played an important role. But in the protection of human rights, the system program legal aspects exist obvious drawbacks, over the years, the rationality of its existence has been controversial. On December28,2013, the12th session of the standing committee of the National People’s Congress passed the repeal of reeducation through labor law. However, after the education-through-labor system was abolished, relevant agencies and no timely may cause of the system after the relevant legal issues to make the corresponding system arrangement, previously attached to the system of reeducation through labor in a series of normative legal documents without the express collapsed with the abolition of reeducation through labor, easy to cause the confusion of legal application, simply by way of\"the new law is superior to the old law\" as the principle and can’t effectively solve related problems. It is in this context, this article takes the education-through-labor system was abolished after the legislative level as the breakthrough point, choose the illegal behavior education correct act as legislative system of the reeducation through labor after the aftermath, around the "illegal behavior education article" and "legislation" two measures to conduct a comprehensive analysis and research, and put forward the education correct illegal behavior law of legislation, to make up for the system of reeducation through labor is waste after institutional absence to do a good job of cohesion, in order to form a relatively perfect legislation system. This paper intends to solve the key problem is put forward after the abolishment of the reeducation through labor legislation as the aftermath of the act of illegal behavior education treatments of legislative idea, and attached to the system of reeducation through labor to clean up related normative legal documents, to clean up after the different situation of normative documents challenge, modify, or make new Suggestions, hope to the act of illegal behavior education correct formulation and carding and after the abolishment of the reeducation through labor legislation level and aftermath provide reference Suggestions.The article is divided into three parts:The first part is mainly to illegal behavior education and correcting measures of reeducation through labor, for education, for reeducation system in the three aspects such as human rights, and procedural justice defects were analyzed, and based on this, advances to the illegal behavior education correct law legislation, discuss the system of reeducation through labor after the aftermath the legislative level system has larger legislation background, meaning and principles.The second part puts forward the education correct illegal behavior law legislation idea, under the background of the education-through-labor system was abolished, the act of illegal behavior education article is after the abolition of reeducation through labor system in one of the most important system rehabilitation measures in legislation, this part mainly from the reeducation through labor was abolished after the perspective of the institutional cohesion, for the act of illegal behavior education correct applicable objects, the disciplinary procedures, and relief the specific content of three aspects.The third part mainly is the act of illegal behavior education treatments after clear legislation, in view of the previous attached to the system of reeducation through labor in a series of normative legal documents without the express collapsed with the abolition of reeducation through labor of the status quo, causing confusion in the current law system, so it is necessary to clean up the normative legal documents from the legislative level, specific include:the legislation to clear the scope, methods and legal effect from three aspects. This part of the literature retrieval and the methods of empirical analysis, as far as possible fully combed the involves the aspects of reeducation through labor laws and regulations in our country. This part is mainly divided into three levels:first, the system of reeducation through labor laws and regulations involved in obviously with our current constitution, law and the law of core value concept and the basic principle of conflict, shall be abolished; Second, with the education-through-labor system or related laws and regulations, the system of reeducation through labor was abolished after shall be thoroughly clean and modification; Finally, the reasonable part of how to deal with? The system of reeducation through labor after the abolition of the institutional vacuum should work on new legislation to cover as soon as possible.