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Study On Reformine Of China's Detaining Education System

Posted on:2019-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:H H XuFull Text:PDF
GTID:2416330572958402Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Detaining education is an administrative education measure,which is different from the nature of criminal punishment and public security punishment,as well as the degree of compulsion and scope of application of reeducation-through-labor.It is neither a criminal penalty nor an admiinistrative penalty,nor is it a new level of penalty added to the above-mentioned penalty,but through certain compulsory means,the prostitutes and prostitutes will be gathered together for study and labor,for their treatment of venereal diseases,to achieve the purpose of both treating and saving people,shelter education period It is six months to two years.However,today,after the reforming and opening up,especially after a well-known actor was holding education for whoring,the system of education,which has lasted for decades,has been questioned from various aspects and is facing the challenges of the times.Its legislative level is slightly insufficient,its decision process is too simple,etc.,are highlighted.Under the new situation,what's the direction of the education system?It is simply to be abolished or to be improved?It needs to be considered combine with practical situation,Savigny,a famous historical jurist who studied Roman law,said:"The organic nature of the legal system is reflected not only in the vibrant interrelationships of the various components,but also in its continuous progress.”Social progress,human thought in the process of change,while prostitution is an ancient and complex social issue,although many problems have been encountered in the current implementation of the institution of prostitution and the existing laws are slightly lacking in terms of proportionality,under the current conditions of China,commercialism is fully liberalized.Taking a laissez-faire approach to behavior management is not the best choice,but it should be combined with the reality of progress in the development of new legal systems and management methods,in-depth study of its nature and core values,so as to fundamentally reveal the fundamental basis for its existence and development.From the perspective of institutional formation and contradictory solutions,the nature of the institution of shelter and education should not be punishment but education,and its core value is also to solve the development problem of human being.The point of view of this thesis is to improve the law on the basis of the existing system,abandon the non-standard system in the adjustment of punishment measures,make more reasonable distinctions,and formulate a series of specific,detailed,and operable restraint rules to set clear and detailed operating standards for the exercise of rights.Guaranteeing human rights,strengthening education and treatment functions,and standardizing the detention education management.
Keywords/Search Tags:prostitution for education, proportionality, human rights protection
PDF Full Text Request
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