The Study Of The Legal System In The Social Protection System Of The People Released

Most of the criminal justice study in current China is focusing on the subject during the criminal procedures. The problem during the criminal procedures is involving the conviction and the sentence, is actually important. But the procedures after the execution of the penalty is also important, it is something about the people released are being settled good or not, involving the people released can return to the society successfully or not, involving the correction function of the penalty can be realized or not, involving the realization of the final purpose of the penalty.A sum of people released commit crimes repeatedly, this kind of problems challenge the criminal justice policy and taking hidden danger to the public security, increasing the cost of social management. So the social protection of the people released should be put a high premium on. If not, the considerable input to criminal procedures will be wasted; the correction purpose of the penalty will fail.In addition,the protection of the people released is the need of protection of human rights and the assurance of civil social security.This essay try to find the legal problem and then give valuable legal solutions to the social protection of the people released.In the fist part, I focusing on the concept, the theoretical principle, the significance and necessity of the legal system in the social protection system of the people released. This part introduce question for the next part to solve.In the second part, I study the legal system in the social protection system of people released in foreign countries, using comparative research methods. Study foreign systems, then to solve domestic problems. Basing on the current material, I choose the Re-generator System in Japan and the Halfway Home System in America to study. Japan is the representative of continental legal system. America is the representative of common legal system. Japan and America are both advanced in the field of economic and social development worldwide. The study of them is typical to the foreign countries. I find the whole characteristic of legal system in the social protection system of people released in foreign countries though studying the same system in Japan and America.In the third part, I study the legal system in the social protection system of people released in current China, the historic process, making a summary of the content of and characteristic of the system. Then we know the outline of the legal system in the social protection system of people released in China, then lead to the perfection of the legal system in the social protection system of people released mentioned in the next part of the essay.In the fourth part, Followed by the third part, I focusing the perfection of the legal system in the protection system of people released in China. This part is the part to solve the problems, is the center part of this essay. In this part I give out the solutions to perfect the protection system in the social protection system of the people released. The solutions include four ways:the perfection of the lawmaking in the field of the social protection of the people released; broaden the protection methods in regulations; legally encouraging the NGOs and the charities to participate the protection movement; and erasing the criminal record. All of these solutions are based on the Chinese national conditions. The necessity, practicability and the details of the contents are included in these methods, being easy to operate.