The Abolition Of The Detaining Education System

Detaining education is an administrative compulsory measures to save the people of prostitution and whoring, at the same time, examination and treatment of disease. Along with our country government by law construction, perfecting the legal system, and the deepening of the concept of the rule of law, the detaining education system has been questioned because of the restriction of personal freedom. The whoring case of Huang Haibo pushed detaining education system in the teeth of the storm.In this paper, based on the practice, we select two typical cases of social influence to carry on the analysis. Comb the development of the detaining education system and the history of the legislative process using the historical research method, understand the application of asylum education through data collection, interviews with staff, apply for government information disclosure and other ways, and present the asylum education system from the current situation of the implementation of standards, procedures and contents. About present situation in the foundation, I analyze the idea of abolishing detaining education system through reading the literature. In this paper,I analyze the reasons of abolishing detaining education system, the basic principle of the administrative law as a clue. The detaining education violated the principle of administrative law, for example, the principle of proportionality, the principle of due process,the principle of administrative openness and justice. In addition, this measure does not reach the ideal social effect. In this paper the reasons are discussed in detail, in order to complete the existing point of view.It is undeniable that the detaining education system has many problems. A series of phenomena that detaining education is declining, for example,the number of detaining education placesreduced to 116 from more than 200,some provinces to take the initiative to close the places of detaining education, most of the city to reduce the number of detaining education personnel. But I think,it is not the time to abolish it. From the point of view of prostitution, history of the detaining education and theorientation of national policy, the existence of the detaining education is necessary. What’s more, I think the reform of the detaining education is feasible.We should dialectically treat the critical point. Firstly, detaining education should be defined as the administrative compulsory measures.Secondly, the legal basis for detaining education is rightful.I think that we should make the range of detaining education, optimize the execution of the program,establish a supervision mechanism, improve the relief measures, and strengthen education and training. Community corrections is worth being introduced.Finally, we can realize a multi-level governance measure.