The Construction Of Social Correction System Of Illegal Behavior In China

The system of reeducation through labor has been running for more than 50 years,and played a major role in history in our country,but with the acceleration of the process of legalization in China,its malpractice was becoming more and more prominent,which gravely violated the principle of due process,and could not effectively protect human rights,therefore,it was declared to be abolished in 2013.At the same time,value functions of similar legal measures such as the rehabilitation,asylum education,compulsory abandonment of drug habits,involuntary medical treatment and work-study schools for juvenile delinquents were the same in essentials while differing in minor points,which also had the same defects and problems,these problems gradually aroused the attention of law researchers,its legitimacy and legitimacy were strongly questioned.After the abolition of reeducation through labor system,it is necessary to open a new legal system to perfect the legal system of our country,and to achieve the purpose of maintaining social order.As an alternative to the reeducation through labor system,social rectifying has been included in the legislative plan.Social rectifying has become an important way to carry out the education and correction of illegal behavior,which has inevitable selectivity and realistic possibility,we should build a social rectifying system under the guidance of socialist concept of rule of law.The first part of this article mainly introduces the social rectifying system of illegal activities.Firstly,the author defines the community correction system of illegal activities,and then discusses the necessity and feasibility of constructing the social rectifying system of illegal activities in China.In the second part,the author puts forward some suggestions on the construction of the social rectifying system of illegal activities in China based on the above theoretical discussion and extraterritorial legislative experience.With regard to the social rectifying system of illegal activities,the western countries have advanced legislative experience and institutional practice.We should base on the practice of the rule of law in our country,and use the practice of the social rectifying system of illegal activities of foreign countries for reference to reasonably build the community correction system of illegal activities in China.The author intends to demonstrate the legislative principles and significance of the construction of the community correction system of illegal activities in the third part,and to remove the criticism of reeducation through labor system,so as to fully embody the principle of statutory punishment,procedural due process,consistent behavior and punishment,primarily correction of the social rectifying system of illegal activities.The fourth part mainly focus on concrete design of the social rectifying system of illegal activities,and designs the system construction from applicable scope and conditions,corrective measures,relief mechanism,supervision mechanism and other aspects of the social rectifying system of illegal activities.