| Detaining education system of China formalize the past two decades, has played an active role in educating and punishing the persons in prostitution and whoring. However, in its legal basis, shelter of decision and implementation procedures, it also revealed some shortcomings. In this paper, from the perspective of due process of law, reflect on the current detaining education system, and on the basis of comparative study, put forward my own proposals and reform programs.This article is divided into three parts.The first part of an overview of China's Detaining education, the education system related to the legal basis for asylum, history, and then the other countries of the acts of prostitution were extraterritorial social governance comparative study.The second part discusses the status of asylum procedures and the education system, problems, and sub-sections detail the various issues. Mainly Detaining education provides the legal basis for asylum fuzzy, decided to accept the approval of over-administration, statement of educational personnel in custody, defense, and not guaranteed the right to request a hearing, accept the limitations of judicial relief education, criminal detention and the detention order does not break arrived in custody time limit, being detained by the implementation of educational personnel in the rights of asylum during the period of education and not conducive to the 14 to 18 years old issue of protection of minors.The third part focuses on the perfect shelter from the perspective of education, review the various reform options, largely to repeal Detaining education point of view, learn from foreign experience to other education and shelter to replace the separate legislation or other measures of the views of the merger legislation. Finally, put forward my point of view and proposals of consummate in legislation that:further clarify the Detaining education objects, restrictions on prostitution, prostitution of the punishment and the arbitrary nature of the discretion of the public security organs, Separate legislation, the introduction of the hearing procedures; approval of the organization in its diverse forms; procedure of the implementation of justice. |