Research On The Alternative System Of Execution Penalty In The Post-labor Education Era

The system of reeducation through labor legal system as a very Chinese characteristics,has experienced more than 50 years of development,prosperity and withdrew from the stage of history,this is the rule of law in our country strategy of thick Mo Chongcai in a pen.In the age of reeducation through labor,the system of reeducation through labor to make up for the shortage of China's "criminal law"quantitative factors caused by structural defects,and the management of public security penalty sanctions,is an effective means of public security organs against illegal and criminal phenomenon,the maintenance of social security and stability.Due to the lack of legal status of the system itself and the reality of the expansion of the administrative power caused by the non judicial,the abolition of the labor education system has become a necessity of historical development.Enter "after the era of reeducation through labor",the urgent need to build new system make up the fault between the penalty of our country and the public security management punishment,originally by the regulation of the system of reeducation through labor serious violations and minor crimes are reasonable shunt,sanctions binary system of foreign penalty in accordance with the explore to construct Chinese characteristics of misdemeanor system and security punishment system.And,by raising the threshold of imprisonment,increase record elimination system,improve the criminal procedure in light criminal quick judging procedure etc.to deal with crime circle the enlarged face system;to not minors and mental patients not criminal punishment of crime,often habits of illegal crime,addiction and no ring,etc.into the security punishment system regulation.The ultimate goal is in respect and guarantee human rights of constitutional principle premise,reflecting the connotation of the criminal policy of combining punishment with leniency in China,the rational distribution of national administrative power and judicial power,after the realization of the reeducation through labor in the era of countries on social legalization management.