The Jurisprudence Analysis Of “Deprivation Of Personal Freedom”Measure

Since 《the Strict Prohibition Against Prostitution and Whoring》issued in 1991 which defines in legal terms the detaining education system firstly,the detaining education system has been carried out over 20 years.Though the detaining education system has played an important role in maintaining social stability and cracking down on prostitution and whoring,the disadvantages of the detaining education system come into view gradually.Especially,after “huanghaibo”case,the detaining education system has aroused heated discussion and more and more people appeal to abolish the system.The thesis arms to argue that the detaining education system should been abolished.Starting with the legalizing process of the detaining education system,the thesis analyzes the targets of this system when it had been built and evalu ates the social effect.The thesis puts its emphasis on explaining the reason of abolishing the detaining education system in the way of jurisprudence.Then,it c ompares the different ways of dealing with the prostitution and whoring issue i n different countries.It comes to a conclusion that the detaining education syste m should be abolished.Finally,breaking the legal dogmatics perspective,the thes is tries to find out two problems behind the detaining education system.The thesis has five parts including the introduction part:The first part is the introduction.It clarifies the origin of the problem briefly and concludes reasons of abolishing the detaining education system which published by other authors.Then,the aim,research methods and innovations of this article are also presented in this part.The second part is starting with the legalizing process of the detaining ed ucation system,then analyzing the targets of this system when it had been built and evaluates the social effect and evaluating the system by the data of prosti tution and whoring.Though it has played a positive role once,the detaining edu cation system costs too much by depriving freedom of person and fails to man ifest itself a great educational quality and achieve its goals.The third part puts its emphasis on explaining the reason of abolishing the detaining education system in the way of jurisprudence.Firstly,in social perspec tive,law should be based on society,but the detaining education system is not adapted to the need of the development of the modern society.Secondly,in civil perspective,personal freedom is the important part of human rights and fundam ental right of citizens. An international consensus is emerging that personal fre edom cannot be deprived without legal procedure of statutory agency.The detai ning education system infringes personal freedom severely.Thirdly,in national pe rspective,administrative powers should be limited,but the power of public securi ty organization in detaining education system is too much.That is,obviously, notmatch with the spirit of modern rule of law.The fourth part compares the different ways of dealing with the prostitution and whoring issue in different countries.It also analyzes three different ways of disposing the system in domestic:keep and polish up the detaining education system,replace it or abolish it.It comes to a conclusion that the detaining education system has to be abolished.The fifth part makes a detailed inquiry about,in a very real sense, how toavoid analogous systems reappear by analyzing review of constitutionality and reconstitution of limited government.