The Constitutional Judgment Of The Custody And Education System

For education system formed in the early reform and opening up,the state law based on the purpose of cracking down on prostitution,it has played a pivotal role in certain period to combat prostitution.However,with the progress of the rule of law,the legal system has been improved and the concept of "human rights protection" has been deeply rooted in the hearts of the people.Education system is limited and the purpose of prostitution is decided by the public security organ to implement the long-term restrictions of personal freedom education administrative enforcement measures,with similar abolition of indigent migrants and reeducation through labor,holding still operate in the present education system.The system of legitimacy and rationality controversial for education of problem is to be reckoned with.The party’s nineteenth major report also formally clarifies the constitutional review and the controversial issue of education system should be put into a constitutional review.Because of its nature and specification of ambiguity for education system,the severity of the penalty methods leads to the emergence of "rule of man".This abnormal phenomenon seriously violated citizen’s basic rights and the law enforcers of overstepping of constitutional power.So to discuss the legal issues in the final analysis of the system of holding education still want to go back to the constitution itself.The constitution is the foundation and the legitimacy of the legal system trough the angles of constitution judgment fostering education system helps the unity of the citizen basic right safeguard and the legal system.This paper aims to thoroughly analyze the system of accepting education through the method of constitutional judgment and provide the method of adopting the constitutional judgment of education system.The thinking frame of this paper mainly refers to the German basic doctrine,namely,the content of the basic right limitation is used in three stages.To be specific,this paper first discusses residential education system which fall into the scope of protection of fundamental rights,whether it has limits,then to see if it conforms to the principle of legal reserve requirements,in the form of the final use of proportionality argument for education system,the limitation on the fundamental rights of prostitution personnel have deterrent unconstitutional for through its restrictions on basic rights,which have a constitutional legitimacy to the final conclusion.Through the analysis,it finds shelter education still exists.Because of its form is legal,it is not as obvious as the education-through-labor flaw,so the legitimacy of the form is into asylum protective film of the existence of education system.However,with the social change,the means of education system can promote the realization of social goals.Meaning and defying the proportion principle is bad for human rights protection,from essentially,fostering education system was unconstitutional and shall be abolished.This article does not stick to the constitutional judgment,but then it discusses the relevant issues after the abolition of education.