| In December 2013,China abolished the reeducation-through-labor system,the social security of the changed three-tier sanctions system towards the secondary sanctions system conversion,and then Chinese criminal law's structural defects and minor lack of crime system highlight.The criminal sanctions system faces the adjustment of the criminal circle,the adjustment of the connection between the penalty and the administrative penalty and the reconstruction of the procedural mechanism.For how to effectively regulate the original labor camp,and build a viable inheritance system,the academic community puts forward a variety of ideas.With the concept of criminal legislation in China changed from "strict rather than sharp" to "sharp but not strict ",the criminal circle gradually expanded,light punishments increased,a slight crime system gradually formed.To the appropriate and effective regulation for the original labor education,at present,only one part of the existing legal framework can be divided into criminal punishment or public security within the scope of punishment,then improving the types of punishment and implementation methods,and further,improving the supporting mechanism and give full play to the role of community correction system.In the long run,it is necessary to guide the construction of appropriate criminal circles and appropriate criminal sanctions system with the concept of human rights protection,establish the system of security disposition according to Chinese characteristics through the separation of criminal concept in the criminal legislation,complete the types and execution of security measures,then bring forced detoxification,compulsory medical care,education and other systems into it,at the same time,building a complete criminal code which covers four pieces contents of felony,misdemeanor,illegal and security measures in order to solve the original system problem of "beyond remedy " in labor camp fundamentally. |
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