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Power Of Reeducation Through Labor System

Posted on:2005-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:W C YeFull Text:PDF
GTID:2206360125451799Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Maintaining the good relation between the government and civics is the premise of social stability. And, whether the relation between the government and civics is good or not is decided by whether the power runs in reason and in effect or not. Though the power roots from the civil right, the power appears self-glorification after fully grown, and does as it wants. Because of the expansion and corrosion, the power dissimilates easily. So, limitting and supervising the power is what any rule-of-law government must do. The problem of the rehabilitation-through-labor is that the power lacks the fundamental supervision and restriction. So, the aim of the innovation of the rehabilitation-through-labor is to seek the balance between the power and right.The fundamental problem of the rehabilitation-through-labor is the irrationality of system design, it is the system designed to meet the political need, and its direction is the political tool. The tool system infringes on the civil right in practice necessarily. In retail, the rehabilitation-through-labor has four problems:1. There is no supervisal system to restrict the running of the power;2. Lacking procedure restriction;3. The punishment power applies out-of-balance and its impact is not good;4. The distributing structure of the power is irrational. The rehabilitation-through-labor is irrational and against thedirection of times, so it should be abolished. However, its function of maintaining the public security order is rational. It is necessary to create new system to inherit the function. In spite that the name of new system is, some base lines should not be broken though.1. The value choice should consider the civil right as the first;2. When designing the new system, we should consider the government as the evil in order to protect the civil right;3. The running of power should be under the frame of rule-of-law. Base on the rule-of-law, we must complete three tasks:(1) Completing rising from the policy to law;(2) Collocating the power rationally;(3) Completing the procedure legislation.
Keywords/Search Tags:Reeducation
PDF Full Text Request
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