On The Construction Of Specialized Correction Education System In China

In the Amendment(XI)to the Criminal Law and the newly revised Law on the Prevention of Juvenile Delict,the Hospitality and Reeducation System was abolished,relevant measures were incorporated into special education while a special correction education system has been established.Compared with the Hospitality and Reeducation System,the special correction education system not only not only fits the concept of education better,but alsor achieves a good connection with the general education system.However,the Special correction education system still has not eliminated these outstanding problems such as the unclear applicable conditions,the vulnerability of minors’ rights and the difficulty in guaranteeing the effectiveness of corrections of the Hospitality and Reeducation System.Therefore,in view of the deficiencies and causes of this system,this paper will refine the substantive content of the special correction education system,and construct a new judicial construction of operating procedures,so as to realize the accurate application of the special correction education to minors and effectively protect their legitimate rights as well.This paper is divided into the following four parts.In the first part,we define the concept of the special correction education system and clarify the nature of its protective sanctions,and discuss the theoretical basis of special correction education system.Secondly,we analyze the shortcomings of the Hospitality and Reeducation,pointing out some disadvantages of the Special correction education system that existing in the replacement process to provide a clear direction for the subsequent optimization.The third part mainly focuses on the essential content of the special correction education system.Specifically,we clarify the minimum age and necessary conditions for the application of the special correction education in order to ensure the accuracy of its application,making specific settings and arrangements for the places and methods of the special education correction and establishing supporting correction measures to investigate and consolidate the actual correction effect.The fourth part is the judicial construction of the operating procedures of the special correction education system.Firstly,we make corresponding provisions on the investigation methods and contents of criminal cases involving minors,as well as the legitimate rights of minors in the process of case investigations.Secondly,it is proposed that the court shall ensure the legality and rationality of the application decision through the implementation of a staged trial,and it is recommended that the parties apply for reconsideration to the higher court for rights relief.Finally,the application process of ending the special correction education is refined and the corresponding ending standard is stipulated.