On The Illegal Behavior Correction Of Administrative Law Under The Background Of The Reeducation Through Labor System Abolished

Produced in the background of the era of planned economy, the system of reeducationthrough labor has lasted in China50years, it has played an important historical role, but theoperation mechanism of detention system due to the lack of regulation, produce conflict withthe existing legal system. Although eleven of the third plenary session to abolish thereeducation through labor system, but the system of reeducation through labor law abolishedthe formation of vacancies, the need for new legislation to fill, work rehabilitation law beintroduced.This paper is divided into fives parts:The first part, the abolition of the system of reeducation through labor and its problems.The Third Plenary Session of the eighteen proposed to abolish the re education through laborsystem, the six session of the twelve National People’s Congress formally abolished thesystem, in the background, significance of the abolition of the system of reeducation throughlabor, management problems brought about by the detailed analysis after the abolition of thenew law, why the establishment to replace the labor education system, why should correct theillegal acts, and treatment what is the difference between and reeducation through labor.The second part, the range of statutory correction. The first part of the scope ofapplication of the system of reeducation through labor and involving the originalobject in avery chaotic state to analyze the necessity of legalization of the range,characteristics and thetreatment object should possess, appropriate adjustmentleads to correction of range, avoid theconfusion of applicable range correctionand object, change the range of statutory.The third part, the judicial treatment program. First elaborated the malpracticesystemprogram, which pointed out that the correction procedure must be incorporated into thejudicial process, and analyze the treatment program mustcause judicature, then leads to theconstruction of judicial procedure of thecorrection, the correction of cases are divided intoseveral phases of thisinvestigation procedure, the examination and approval and supervision procedures, and trial procedure.The fourth part, the main treatment is the division of functions and powers. In view ofthe public security organs have been waste of the system of reeducation through labormanagement main body, set the power of investigation, the power of examination andapproval, supervision power, executive power in one of thedrawbacks, in this part, firstthrough the system of reeducation through labormanagement subject to illustrate the necessityof separation of powers and checks and balances of power subject, it must be reasonable toset the rulebody, and the four powers the investigation, decision, judgment right, supervisionright, right of execution, are exercised by the public security organs, the people’s court, thepeople’s Procuratorate and specialized state organs or tissues, andconfirm with explicit legalform.The fifth part, the treatment process of right relief. The prisoners in the camp by theprocess of the infringement of the rights of workers rights relief, corrected the importance inthe treatment process, and the right infringement relief of theproblem. In the full protection ofthe corrected personnel in accordance with the provisions of administrative litigation law ofthe right of appeal and appeal right at the same time, also in accordance with the law shall befor workers rights, norms,constraints and supervision of law enforcement powers, and theestablishment ofeconomic compensation, compensation system to have violations correctedstaff to economic compensation or compensation.