On Reform And Improving The Detaining Education System Of Our Country

Detaining education is an important legal means to China’s management of prostitution. It was established during the specific historical period when the reform and open policy achieved initial successes, and plays a decisive role to crack down on prostitution. Under the circumstance that China is promoting the rule of law and building a socialist state ruled by law, the legal systems have been constantly improved. After the system of reeducation through labor was abolished, the retention or abolition the detaining education has been the subject of debate among scholars because of the ambiguousness of its legal nature and relevant provisions. The events that actors had been detained on suspicion of soliciting prostitutes put this system onto the center of storm. This paper aims to discuss the reform and improvement of the detaining education system, to point out the necessity of existence of the system by analyzing the existing hot issues regarding the detaining education system, to discuss the future of this system, and to provide relevant counter-measures and suggestions to reform and improve the detaining education system under the current situation of legislation of our country.The thesis is divided into four parts:The first part provides a brief introduction of the basic theory regarding the detaining education system in our country. Starting from the historical evolution, this paper introduces the legal basis, the basic content, the legal nature of the detaining education system, and briefly analyzes different arguments on the legal nature of the detaining education.The second part discusses, analyzes, and objectively evaluates the existing issues of the detaining education system, including the lack of legal basis and the issues existed in the establishment of entities and procedures. There is no fundamental conflict among the detaining education system and the constitution, legislation law, Public Security Management Punishment Law, but there is some certain contradiction between the system and the Administrative Coercion Law. The shortage of the current detaining education system includes that the applicable object is not clear, the extent of restriction of personal freedom is excessive, the extent of free judgment of detaining period is too wide, the applied detaining measures vary in different regions. The shortage also includes the self-implementation of the decision, the closed procedure and lack of legal monitoring procedure. Pointing out the existence of these problems is the key to the reform and improvement of the detaining education systemThe third part briefly analyzes the current situation of prostitution and its result to the society. Analyzing the two attitudes of prohibition and restriction of the prostitution in the world, the author concludes that China is a country that prohibits prostitution. Social functions of the detaining education, such as fighting against illegal behavior, influencing law offenders, educating potential offenders, treating diseases and preventing their spread, indicate that the existence of the detaining education system is reasonable and necessary.The fourth part analyzes current different views about the detaining education system in our state, pointing out that redressing will be inevitably needed. However, in the current legal situation, the reform and improvement of the detaining education system are actually urgently needed by the rule of law, building a socialist country ruled by law, safeguarding the management practice of social security, and controlling the derivative problems of prostitution. This paper also provides suggestions about the reform and improvement of detaining education system, including further clarifying the applicable objects, strictly controlling the procedures to achieve judicial ruling, establishing ruling standard to limit the free judging, changing the current system and methods of the management the detaining education center, emphasizing the function of education and treatment, strengthening double guarantee system of the internal and external supervision, etc.