On The Constructing Of The Security Correcting And Treatment System Of Our Nation

The Reeducation-through-Labor System has worked more than fifty years and produced enormous historical effect. However, on the beginning of it's constructing, owing to the backward nation economy, poor finance income and unsound legal system, too retarded legislation, it has decayed gradually and changed into the so-called"copy"of the Reform(of crimimal)-through-Labour system in some extent. With the rapid development of the rule-by-law of our nation, it's flawes and maladies have become more and more protruding, for example, violating heavily the proper procedure principle and the inefficient ensurance of the human right. it can't suit the new development terrain. It is urgent to revonate and improve, so as to make it realize really it's value and function such as the education, saving, remoulding confidence and personality through emotional persuasion, the train for adapting the society, preventing criminal offence, protecting society, helping settle down and employment, which can also help our nation government take the initiative in the international human right struggle. The similar law measures such as the Reeducation through Centralized Take-in system, the Education through Centralized Take-in, the Forced Giving-up Drug-abusing (by Isolation), the Forced-Medical-Treatment, the Special School with the Double Function of Labour and Study all have the more same faces than the unsame compare to the Security Measres system as for the value and function, although by unsame ways, but all have too the same flawes and problems. These problems gradually attract the attention of the vast scholars'of law studying. The writer hope to find some efficient ways to settle these problems that perplexes legislaters and law-executors for long time through his learning and exploring, and do his bit for enriching further our nation's science of law, protecting really the vast peoples and masses' right, safeguarding the unify of the legislation of our nation and constructing the China's peculiar legal system.First, the thesis analysed the history, present situation and problems of the relevant systems of our nation and compare it to the forgein successful experiences and advanced systems, and consider that we should regulate and assemble the relevant systems and resources, and draw lessons from the Security Measures system, make use of the good chance of the discussion and formulating of the Correcting and Curing of the Illegal Conduct law to compose the Security, Correcting and Treatment system with Chinese features. Second, the thesis conceived boldly this system on the basis of many scholars'research achievements: rename the Correcting and Curing of the Illegal Conduct law to the Security Correcting and Treatment law and accounted for the reasons; be clear about it's value and function; analyse thoroughly the Correcting and Treatment of Illegal Conduct law draft and the Psychiatric Health Act draft and pose some improvement advances; conceive preliminarily the contents of the Security, Correcting and Treatment law which include the judicial deciding mode and procedure structure, the types and time limit of all sorts of correcting and treatment measures. Thereby, it will provide law sustain for the improvement and further development of the relevant system. At last, the thesis designed initially the enforcement and management mode, which comply with the international trend and raise the socialization and flexibility of the enforcement ways, by joinning the experiences and fruits of the reforming of the Reeducation-through-Labour places′enforcement ways, so as to distinguish the feature of the new law measure.