From Detaining Education To Remedying System

There has appeared serious valid,rational and right crisis of detaining education system in the legislation and judicature of our country.This article analyses the answer of the detaining education system's problems from the legal principle theory of law,policy and practice management stratification planes under the analysis of the detaining education administrative staff.And there are three problems as follows:First,the detaining education system disobeys the principle of "the new law is better than the old one", destroys the uniformity and rigorousness of whole law system.Moreover the detaining education system has conflicts inthe legal nature,decides procedures illegally and counteracts the legal procedure just theory;Second, from the policy aspect,the national leader proposed the ideas of ruling a nation legally,science development view and humanist.The detaining education system disobeys these principles.Socialist legal series strengthened citizen's right consciousness and caused the human rights protection to strike root in the hearts of the people.The union of the fair justice,the law enforcement's social effect and the legal effect has become the value pursue of the law enforcement.Under the planned economic system,the value benefit of the detaining system hasn't been fit for the main demand of the modern society which is governed by law obviously; Third,from the practical aspect,the objects of detaining education are hard to control,and the detaining education management staff can't break the fetter of the traditional imprisonment.At the same time,the administration procedures of detaining education caused the corrupt space in the law enforcement of the public security.And this makes the detaining education system couldn't display the transformation function as before.The article proposed the remedying system instead of the detaining education system besides the struggle of saving or abandoning the detaining education system.And this part expounded the origin of the remedying system,the development and application in detail.According to the starting point of the remedying system,the article introduced the remedying system's feasibility to the detaining education objects,established the remedying principles which carried on to prostitution and visiting prostitutes,the judicial process and the concrete operation pattern under the remedying system.This article introduced the procedure just theory and the system vicissitude theory.According to the procedure just theory's content,the author designed the judicial process under the new remedying system,the police and public security organ department performs as its own functions. Public security department is in charge of detecting the prostitution and visiting prostitutes' cases.After the detecting,it is confirmed that the illegal person is fit for the remedying condition,the case may be transferred to the county first-level People's court administration to trial publicly followed simple procedures.Though the both sides' public presenting evidence and question of evidence,if the case fact is clear,the evidence is conclusive,the case will be appointed by the single umpire publicly right now.According to the behavior of the litigant,the umpire decides the remedying place,the detaining education staff or the community.Otherwise,then may return the case the Public security organ to give fine or detention according to the general prostitution patronizing prostitutes documents.If both sides refuse to accept the trial result,they can appeal followed the administrative appealing proceedings.When the investigated case has involves in the legal responsibility,the People's Procuratorate gives the punishment document newspaper as authorization to arrest.Judicial department will be in charge of remedying the behavior of prostitution and visiting prostitutes.Special remedying administrative staff prepares for leading construction by the judicial department.To save the national law enforcement resources and enhance efficiency,to receive the most effect in the least time,some places can rebuild the present detaining education administrative staff or mark out again in original foundationAccording to the explanation of system vicissitude theory,the author analyzed the reason of the detaining education system existed.The detaining education system takes the position as one kind of too much products under the system is non-balanced.Meanwhile the supply and demand have contradiction along with the social background vicissitude.In fact its deep level contradictions come from society's benefit differentiation and benefit gambling.