On The Legal Countermeasures After The Abolition Of The Labor Education System In China

In recent years, as the media attention focus of is a series of reeducation through labor cases, has been the system of reeducation through labor is controversial, and the once again the focus of the present, the world that reeducation through labor in violation of human rights scale disease highlights, so sound of the abolition of the present growing situation. Citizen's view of these cases, reflecting the citizens to enhance the legal awareness, significantly enhance the thoughts of human rights protection, and reflected in the system of reeducation through labor, problems and shortcomings. Then in the Third Plenary Session of the eighth report on the proposed, labor education support system should be abolished, to punish and correct illegal and criminal acts in the legal perfection of community Correction system perfect. But on the abolition of the proposals from the recommendations of the system of reeducation through labor is the NPC deputies and CPPCC members have been proposed since 2004. The law of reeducation through labor provisions of relevant decisions abolished in 2013 December, the second session of the National People's Congress Standing Committee of the sixth meeting of the. System of reeducation through labor the abolishment is in our country to improve the system of judicial protection of human rights progress of major performance, the major measures to comply with public opinion. But we can't to waste simple view of the system of reeducation through labor, which means the prelude to a system reform being opened. Abolition of reeducation through labor to solve a lot of problems. People have to transformation of thinking and attention inmates and staff, instead of reeducation through labor use of community correction system and so on is suitable for and so on. After the abolition of reeducation through labor should be combined with national conditions of our country, enhance cohesion work, increase the new legislative rationality, minor illegal crime personnel rights to be protected, the top design and a series of supporting measures introduced is the only effective way, this is also our country legal construction development driving force.In addition to the introduction and conclusion, this paper is divided into the following four parts:Part one: an overview of the system of reeducation through labor in China. First of all, the definition of the reeducation through labor explained. So-called re education through labor is to reeducation through labor for short, the education object is illegal but did not constitute a penalty, with the aid of the labor force in reeducation through labor Management Institute(field) the of education reform, which belongs to the category of administrative measures. Secondly, from the creation and development period, the Cultural Revolution, during the recovery and development and the reform and the abolition of time, from the four stages of the history of reeducation through labor system evolution were analyzed.After the abolition of the national source of legislative constitutional violation of the value of reflection of the second part: the reeducation through labor system. First, analysis the reeducation through labor system. Secondly, reeducation through labor in violation of constitutional documents, in violation of due process of reeducation through labor reeducation through labor in violation of the principle of suiting punishment, reeducation through labor grave violations of civil rights, education through labor system can easily be distorted, etc. made of reeducation through labor system was abolished the reason.Finally, on China's system, from the social relations convex problem Explicit, the social system vacancy, the labor correctional institution and the personnel how to transform, these three aspects have caused the social question to carry on the exploration.The third part: analysis of foreign related system reference. First of all, to qingzui system are summarized. Including the misdemeanor qualitative, analysis of misdemeanor system using the judicial procedure and the drawbacks of misdemeanor system. Secondly, the analysis of the system of security measures, including the nature of the public security punishment system, analysis of correlation and reeducation through labor, the drawbacks of the labor security system. Again, the analysis of the community correction system, including the nature of community correction system, analysis of modified denial and community correction system improved. Finally, it is a comprehensive evaluation of three or more of.The fourth part: suggestions to construct the Chinese characteristic education and correction of violations system. First of all, based on the needs of the reform "reeducation through labor", based on the improvement of punishment and crime prevention mechanism, and based on the education and correction of violations system these three aspects, and puts forward the necessity of constructing the educational and system of illegal acts. Secondly, it puts forward the feasibility of constructing the educational and correctional system of illegal acts. Finally, the paper put forward the specific ideas of establishing the educational and correctional system of illegal acts. Including: the scope of education and correction of illegal acts, education and correction of violations of the judicial process, and the education and correction of violations hold Line mode two aspects.