The Study Of Restriction Of Public-power Of The System Of Reeducation Through Labor

The system of reeducation through labor is a unique system in our country, the quarrel of the improvement or the abolition is always exists, since the system of reeducation through labor was rebuild after the Cultural Revolution. Now among the system of reeducation through labor, Public-Security-Organs in charge of the procedures of examination and approval but without restriction and supervision of the public power, the phenomenon of abusing the public power is more and more commonly. This article starts from one case, putting forward some suggestions of how to restrict and supervise the public power on the system of reeducation through labor.The article is divided into four parts, the first part introduces the case of One-Yuan-reeducation-through-labor and the analysis to the case, which leads to the problem of how to restrict and supervise the public power on the system of reeducation through labor; the second part introduces the history and evolution of the system of reeducation through labor, analyzing the operation status and flaw of the procedures of examination and approval. It provides reference to the problem and explore the origin of the phenomenon that public security organs controls the procedures of examination and approval, knowing that the problem is how to come; the third part introduces basic theories of restriction of the public power on the system of reeducation through labor. Power balance theory is a basic theory of them, its essential is in order to protect rights of human, the combination of power balance and protection of human rights makes further promote of the rule of law in China; the fourth part is to the issues raised by the suggestion of improving the system of reeducation through labor, in the future it is the direction that procedure of examination and approval is attached to judicial power, from this perspective, it is need to improve the supervision of procuratorial organ and really implement in practice. The media makes it higher efficient to people for getting information, the last putting forward some suggestion about the Committee of reeducation through labor.