The Liberty Safeguards After Detention Repeal

The rule of law is the basic way of governance, which consists of two elements : First, there is a good law, and second, the laws are generally followed. The " good law " is the fundamental premise. Reeducation through Labor long walk on the edge of the law, but occurred in recent years, " the petition mother Hui Tang," " Ren Jianyu detention Village " and a series of cases, once again aroused public education through labor justice, legality, rationality strongly questioned. In December 2013, the NPC Standing Committee adopted a "Decision on Abolishing the law relating to reeducation through labor," the important resolution, bringing up to half a century of reeducation through labor system toward the end of history. But when people applauded the repeal of reeducation through labor, how to deal with "post-era reeducation through labor" legacy problem and call out. Research on security issues after detention era of civil liberty, is to explore the future of reeducation through labor system was abolished, and the reeducation through labor system for approximating, analyze illegal restriction of personal freedom of citizens of other types of systems, intended to improve the relevant laws and regulations and to build on alternative. Through due process of law and institutional system established rational and integrated solutions, can effectively circumvent the illegal restriction of personal freedom systems many problems, but also serve to prevent crime, maintain public order and protect human rights, safeguard the legitimate rights and interests of citizens purpose.Specifically, the structure of this paper can be divided into:Introduction Part I: generally introduces the "era of post-detention" illegal restriction of personal freedom issue exists, and introduce the relevant provisions of the Constitution guarantees personal freedom.Body parts: The second chapter, from the famous movie star and singer prostitution case Li’s son of a gang rape case starting elaborated accommodating correctional system and the shortcomings of the education system accommodating, and the second system of reeducation through labor system and beak, urgently repealed; The third chapter, imported by National People’s Congress Li Ning girl kneeling naked Tiananmen Square incident, revealing Inquest, the system of administrative detention and illegal abuse of the criminal detention system, indicating that the current civil liberty rights are facing severe shock; The fourth chapter briefly describes the genesis Jiansanjiang City, Heilongjiang Province, legal education base events and issues, hazards, the city law enforcement agencies to detain illegal behavior of its citizens and their defense lawyers dream highlights China’s rule of law remains to be done; The fifth chapter, disturb the crime network from the field started, an overview of the network transfer rumors hundred Detention first case, and thus leads to three "pockets of crime" abuse in terms of restriction of personal freedom.Measures recommended part: Based on the main part of this phenomenon all illegal restriction of personal freedom, put forward a proposal to improve the relevant laws, including the abolition of asylum class coercive measures, detention applicable Redefining, political prisons and repealing pocket black crime. Also proposed the idea to build an alternative system, in order to properly fill the relevant system of reeducation through labor system abolished after the blank, and ultimately win public governance and guarantee the personal freedom of citizens.