A Study On The Legality Of Juvenile Of The Detaining For Reeducation System In China

Under the new normal of the rule of law in China,the system of juvenile detention and reeducation is an important theoretical and practical problem that cannot be avoided and ignored.Since the reform and opening up 40 years ago,China's economic development has entered a new stage with a rapid social transformation.Juvenile delinquency is difficult to avoid at a macro level,is prone to occur frequently,and has a huge social cost.Through early intervention and scientific treatment of juvenile delinquency,juvenile delinquency can be effectively prevented and reduced.Detained for a long time as the protection of minors in our country and an important means of prevention of juvenile crime,used to make great contributions to the social stability and orderly in the face of the current severe minor crime situation,this should be more fully play its breeding correct,crime prevention function,but our country at present the corresponding legal system construction lag,mechanism and legal procedures is not strict,its effect on decline in practice.There are some inconsistencies between the current system of receiving and reeducation and the spirit of rule of law,constitutional concept and criminal judicial procedure in China.The system of receiving and reeducation is in urgent need of introducing relevant laws and regulations to regulate specific administrative ACTS in judicial practice and safeguard the authority of the constitution and law.This paper analyzes the legal problems of juvenile detention and reeducation in China through the specific problems in the judicial practice,and puts forward the corresponding countermeasures and Suggestions.The paper is divided into three parts:The first part is an overview of the legal system of our country.At the legislative level,this paper explains the deficiency and insufficiency of the legal system of our country's asylum and reeducation.The second part is the concrete case analysis of the implementation of H detention and rehabilitation.This part mainly analyzes the abuse of rights,differential treatment and different periods of detention of minors caused by the lack of legislative supervision in China's judicial practice.Combined with specific cases,this paper illustrates the problems faced by the system of detention and rehabilitation,and more intuitively Outlines the urgent need to modify and improve the legal norms of detention and rehabilitation in China.The third part is the Chinese for reeducation system perfection of laws and institutions and the suggestion,this part combines the minors protection act(1991),the prevention of juvenile delinquency(1990)and his own work practice,the author applies the method of comparative law,the author their own perfect Suggestions are given,hoping to be helpful to the minors for rehabilitation work in China.For reeducation for nearly 40 years of history in our country,although it is not too short,but because of various reasons,various rules and regulations,laws and regulations and are not perfect,practice is also contradictions,to the research and innovation,change this state of legislation,to promote a smooth and orderly development of for reeducation system in China.This paper is to see these problems,and give their own Suggestions,hope to help in this area of research.