Legislation On The Concept Of "Illegal Education And Correction Law"

December 2013, the reeducation through labor system in our 50 years of existence of the legal system with Chinese characteristics, the official abolition, although its inherent drawbacks with the abolition of the system and disappear, but its original repeatedly violated the adjusted security management, but not enough for criminal punishment and minor perpetrator has since lost a legal constraint, resulting in a gap between the law of the Security Administration punishment and criminal penalties. "Education and Correction of violations" in the current situation, no doubt should be used as an alternative-education through labor system and to fill the legal void choice.Legislation "illegal Education and Correction Law" shoulder to abandon the drawbacks of reeducation through labor system, convergence gap between administrative penalties and criminal penalties of great responsibility, the paper is divided into five sections, respectively, from the legislative sense "violations Education and Correction Law" legislative direction, the main body of the law enforcement and relief ways to proceed, explained the main points of the Act legislation.After the first part of reeducation through labor system abolished legal sanction gap occurs between the Security Administration Punishment proceed with criminal penalties, elaborated reeducation through labor after the abolition of the benefits and drawbacks, as well as the remaining issues arising, and why "illegal Education and Correction "reeducation through labor system was abolished to make up after the best choice for legal gaps were discussed.Clear legislative direction from the second part of the law to proceed from the overall legislative direction of the Act, the legal property and legal principles of the three aspects, the law was positioned to clarify the law in the legislative process should have the characteristics and compliance legal principles.The third part of the Act expressly main aspects, from the original applicable corrective labor reeducation object too general point of view, clearly the common objects of the Act applies and should not be taken to educate illegal treatment of the object, while the law implementing body and its functions are discussed.The fourth part of the construction of the operative part of the law of view, the duration of treatment for education, treatment and educational measures were taken focuses require discretion in limiting the premise of sanctions restriction of personal freedom restricted, and build a unique characteristic of educational correction measures.Part V of the Act defined the way of relief when the legislation should be considered, especially to improve the system of reeducation through labor system in the Central Plains Hearing some of them into legislation after the law, but to review the system and the state compensation system to guarantee adequate protection Education and Correction legal rights of people.