Research On The Reform Of The Detaining For Reeducation System In China

The system of detaining for reeducation is an educational and corrective measure for criminal acts committed by persons under the age of criminal responsibility as stipulated in Article 17,paragraph 4 of the Criminal Law of China(1997),However,affected by system design flaws and difficult application of judicial practice,the system of detaining for reeducation has gradually faced reform discussions in recent years.On December 26,2020,the revised draft of "Criminal Law Amendment(11)" and "Juvenile Crime Prevention Law" of China was reviewed and approved,which deleted the concept of the detaining for reeducation system and incorporated relevant measures into specialized education.In the face of the strong demand for the education and correction of wrongful minors in reality,although the concept of the system of detaining for reeducation has been abolished in name,the functions and effects of the system still need to be absorbed and inherited by the new system.Therefore,the research on the reform of the system of detaining for reeducation,especially the research on the conversion and connection of future special education measures,still has important practical significance.This article takes the abolition of the system of detaining for reeducation as an opportunity to study the reform and reconstruction of the system of detaining for reeducation.By focusing on the development status of our country’s the system of detaining for reeducation and its retention and abolition,and how to integrate its functions into our country’s special education measures after the abolition of the system of detaining for reeducation to designing new system,propose reforms for our country’s construction of criminal minors’ education and correction measures suggest.In addition to the introduction and conclusion,this article is divided into four parts.The first part is an overview of our country’s the detaining for reeducation system,introducing the concept,main content and nature of the detaining for reeducation system.Regarding the nature of the detaining for reeducation system,the author believes that it should be defined as an administrative protective measure.The second part analyzes the main problems existing in the current of the detaining for reeducation system in China,and the shortcomings of the special educational measure legislative revision.Mainly include the lack of authority,clarity and system of legal basis;lack of substantive provisions for applicable objects,applicable conditions,and applicable period;lack of authority and relief procedures for internal decision procedures of police;enforcement caused by lack of enforcement venues and single enforcement methods model rigidity and other issues.The third part is based on Chinese actual national conditions and the status quo of the development of juvenile justice,demonstrating the possibility and rationality of the cancellation of the detaining for reeducation system from the perspective of the current status of the abolition of reforms and the effective connection and replacement of the system,and provide a basis for the reform of the detaining for reeducation system to special education measures.The fourth part proposes how to construct the education and correction system for criminal juvenile in China through the reconstruction of special education,which mainly includes: First,modify the legal norms to form a unified legal system for the education and correction of juvenile delinquency;It is to integrate the current resources for the education and correction of juvenile delinquency to promote the development of specialized education,the third is to persisting and improving the administrative decision method,and the fourth is to structural classification and treatment measures by implementing the principle of individual treatment,exploring flexible correction models,and setting up a dynamic transfer mechanism.