A Study On The Survival Of China's Asylum Education System

In 1957,the system of reeducation through labor was created and practiced in 56 years after its service.As one of the contents of our legal system,the system in maintaining social stability,prevention and remediation of the crime played a strong role.The reason for its abolition is that the system has the background of the rule of law butterfly change,in the new context of the rule of law,the existence of the system lack a clear legal basis,the lack of necessary checks and balances,labor education object is not clear,severe punishment Sexuality can not be the same as the nature of the administrative punishment,so after the abolition of the system of repatriation,in the "petition" mother Tang Hui event,Chongqing college students "village officials" Ren Jianyu because of the crime of being reeducated after training,Judicial staff,the media's appeal,December 28,2013 the National People's Congress Standing Committee on the abolition of the relevant provisions of the labor education laws and regulations.After abolishing the reeducation-through-labor system,it raises the reflection and questioning about the legitimacy and the existence of the asylum educational system which is quite similar to the system.The rule of law is a dynamic process of change,the legal system should change from time to time.The asylum educational system has a 25-year history in our country.Today,the social environment of the asylum educational system is accommodated,and the asylum educational system he has little change.Therefore,it has been criticized,especially for the long-term education,Suffered criticism from the theoretical circles.It is undeniable that the asylum educational period as an important part of the asylum educational system,in the current legal environment,there are indeed many problems: up to 6 months to two years to limit the existence of personal safety is indeed a violation of the Constitution,The basic principles of violation of the principle of the principle of administrative law,in violation of the principle of due process,the lack of the parties in the decision to accept the education of the judicial relief process,authorize the public security organs arbitrarily without judicial review of the discretion,so that the exercise of no constraints,In the discretion of the shelter period,the top of the grid for two years and forced to pay the high pay a fine in exchange for a shorter period of education and administrative corruption and other phenomena.But not to say that the above-mentioned problems can not be remedied through the reform,only the abolition of the fills.The current society of prostitution is not only the diversity of groups and more hidden social harm,still need to carry out remediation of prostitution,advocated to keep the asylum educational system in line with the requirements of reality,and then through the asylum educational period to transform,to improve the legitimacy of the existence of the system and the necessity.The asylum educational period is not a step by step,but it should be achieved both in order to achieve the purpose of saving the asylum educational system to save the original intention of the recipient,but also to achieve the purpose of maintaining the order of social order and morality The right to freedom of life is not subject to improper custody of the substantive requirements of the asylum educational period of the transformation.In view of maximizing the shortening of the duration the asylum educational period and achieving the optimal educational effect,it should be in line with other forms of education,so that the pre-education period-the education period-the three stages of asylum education can have the corresponding rescue measures,Compressing the asylum educational period into a scientific initiativeand and protection of basic human rights.