On the problem of reeducation

• issues" (1957), "On the problem of reeducation through labor Supplementary Regulations" (1979) and the "Interim Measures for reeducation through labor" (1982) nike air yeezy 2 mens
  these three rules and regulations constitute the legal basis for detention regime , also officially established by the executive power led "reeducation through labor management committee" system.Since the establishment of the date of the legal basis of reeducation through labor force has been controversial. Jurisprudence of a consensus that the "decision" and "Supplementary Provisions" Even after the National People's Congress approved, but because they are promulgated by the State Council, so its still essentially an administrative regulations.Chinese Academy of Social Sciences researcher Liu Renwen say, step back in terms of, if we say the "decision" and "Supplementary Provisions" whether it is legal there is room for dispute, then for the "pilot scheme" is not part of the law is no doubt , it can at best be regarded as an administrative regulation, in fact, only be regarded as a Ministry of Public Security department regulations.If combing legal theory literature about the detention, at least from the late 1980s onwards, reform and improve the detention system calls already constantly questioned its legal basis is growing, but did not shake the detention system.Running practice, a series of laws and regulations enacted after the object of reeducation through labor started to spread, and gradually evolved into for the thief, prostitution, drug abuse, sabotage and other acts of law and order.Since the late 20th century, some petitioners also become inmates of objects, these cases of deprivation of liberty continue to accumulate, and ultimately boost the end of this system.Promote the consideration of cases2003, Sun Zhigang case be abolished censorship asylum fuse, then, this system shall be repealed. After 10 years, the community down

  this block more rigid labor camp "impregnable fortress" efforts have never stopped.2004, demands for labor system reform or repeal the motion was signed by deputies reached 420, more than one-tenth of the total number. More well-known scholars, lawyers submitted to the NPC Citizens Advice, suggestions abolition of RTL.According to Beijing Institute of Technology School of Law Professor Xu Xin of observation, the end of reeducation through labor system, the last straw, stems from recent years, especially since 2012, has extensive influence of certain detention cases.These cases included to Ren Jianyu, Peng Hong, Xiesu Ming Huang Cheng Cheng, wearing the right month, Fang Hung as the representative of Chongqing series detention case, Yongzhou Hui Tang detention case, 80-year-old veteran of Yingkou, Liaoning Liu Shan detention cases and so on."With the exposure of these cases, re-education through labor system is pushed to the cusp of public opinion, the abolition of RTL voices heard." Xu Xin said, "reeducation through labor system, without due process of law, deprive citizens of their liberty for up to a maximum of 4 years , and can be repeated detention, in violation of "the Constitution", "Legislation Law", "Administrative Punishment Law" and other host law, and with the Chinese government signed the Convention on Human Rights contrary, must be immediately abolished. "Ministry of supra society sale
  Justice Research Director Wang Gongyi that abolition of RTL there are two reasons, first, from 2000, "Legislation Law" enacted after the detention began in illegal state. 2000 "Legislation Law" an enacted laws to restrict personal freedom shall be the executive authority without restriction of personal freedom. Second, the

  decision is not subject to judicial detention of, it does not go through the trial court, but the public security organs to be, the Commission did not play a role in detention, restriction of personal freedom is the police a final say, "these two defects, resulting in a labor camp detained petitioners, retaliation and other circumstances. "Xu Xin said, "every individual case, every sound appeal is the accumulation of power, only to wait for the final finishing touches."In the eighteenth Third Plenary Session of the "Decision" description, CPC General Secretary Xi Jinping said that we Chinese Communist revolution, construction and reform, grasping, China has always been to solve practical problems. It can be said that reform is caused by a problem Daobi, but also solve the problem of constantly deepened.Xi Jinping went on to say, 35 years, we reform to solve the party and the country's development in a series of problems. Meanwhile, in the understanding and transforming the world in the process, the old problems are solved, new problems will be created, the system always need to constantly improve, and thus has to be reformed not be achieved, it is impossible once and for all.Reeducation through labor system "walls" of the final collapse behind, but also many individuals with freedom and even their lives consideration "Forced" result.Between old and newOn the surface, the abolition of RTL can be seen as people insist on the abolition of RTL a victory, but the fact of the matter is not so simple.Prior to thesupra vaider uk
  official statement, has been used are "reform and improve education through labor system" such a statement, "Abolition of reeducation through labor system" such a statement is the first official written documents.Until early January this year, the Central Political and Law Commission will re-education reform as one of this year's four key reform, the use or "reeducation through labor system reform to
  

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  Posted 2013-11-23
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