On The Development Path Of Compulsory Social Labor System In China

The concept of compulsory social labor system has not been defined in the academic circles at present,some are just the definitions of related concepts,such as social service order,public labor and so on.There is a great relationship between these concepts and forced social labor,but there are also some differences.As the development of forced social labor in China has not been determined whether to the direction of public security punishment or community correction direction and even select several directions to break through the development of this need to test.However,the compulsory social labor system can be regarded as a kind of compulsory social labor system for the time being,regardless of which direction the system of compulsory social labor is going in.A mandatory approach.Therefore,the compulsory social labor system refers to the compulsory way that the defendant who has the ability to work is engaged in unpaid work for a certain time in the prescribed place.This is significantly different from the voluntary and direct service of public welfare labor to the school and social law-abiding citizens.The study of compulsory social labor system has not aroused strong concern and attention in academia,which makes the system has not yet been formed and developed in China.some of them are just related to the community correction system in China in recent years more rapid legal norms.In order to explore and promote the development path of the compulsory social labor system in China,this paper takes this as the research axis and elaborates,through literature review method,comparative analysis method,logical analysis method and other methods to demonstrate,on the basis of the concept and characteristics of the compulsory social labor system,the distinction between compulsory social labor and public welfare labor and the relationship between the western " social service order",respectively,to explore the implementation of compulsory social labor in community correction,compulsory social labor for juvenile crime,compulsory social labor for public security management penalties,criminal penalties for the introduction of compulsory social labor in four development paths,and according to the compulsory social labor in China may be The procedure of enforcing social labor to apply juvenile delinquency is assumed as follows: the court makes criminal punishment as the basis of execution,and the public security organ undertakes the supervision function.Compulsory social labor is added to the category of administrative penalties for public security.it is pointed out that compulsory social labor has become a breakthrough in the category of administrative penalties for public security.it is suggested that legislation should be adopted to ensure the legal status of compulsory social labor,the public security organs should carry out information integration and cooperation,and the applicable objects and procedures should be standardized.The introduction of compulsory social labor punishment into criminal penalty indicates that the realistic conditions for the development of compulsory social labor punishment in China are: the gradual establishment of modern criminal justice concept,the continuous improvement of community correction system,the gradual maturity of community-based society and the gradual improvement of community mechanism;The introduction of compulsory social labor punishment into the criminal punishment of the legislative concept,the establishment of the main penalty type,instead of control punishment,set additional punishment,compulsory social labor punishment of the applicable object and procedure,compulsory social labor punishment period,place and obligation,compulsory social labor punishment of the implementation of the main body and legal supervision and other content to make norms.