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학술논문비교형사법연구2011.07 발행KCI 피인용 2

중국에서의 노동교양제도 연구

Study on the reeducation through labor system in the People's Republic of China

오창식(중국 청화대학교)

13권 1호, 269~296쪽

초록

Reeducation through labor system is chinese administrative punishment that world human rights groups have criticized as typical chinese problem, which Chinese law science groups have opposed as violation of human rights system. Reeducation through labor system belongs to that kind of administrative punishment that Chinese Police made their own decision and severely restricted people's right without Court's process so that It is no wonder for it to take the blame. When Chinese Police find out some guilty person who can't be punished for his minor offense and feel that 15 days' custody is too week for him, They use reeducation through labor system to treat that kind of case. But the problem is that most of their subjects are the lower classes and the farmers. Even though The Police interpret the law arbitrarily as their wishes and enforce that system, People cannot obtain compensations properly. that is another problem for reeducation through labor system. Although reeducation through labor system begins at mid-1950s and have played a important role in peace keeping and preventing crime, But today many organizations and law science groups have blamed it for its uselessness to build legal ruling country. Do we still need to have that kind of system?chapter 1. I will find out the right meaning of reeducation through labor system, its applicable procedure and implementation period. chapter 2. I will figure out the historical things about reeducation through labor system. chapter 3. I will make a comparison reeducation through labor system with other systems that are similar to it. chapter 4. I will work on notions forand against reeducation through labor system.

Abstract

Reeducation through labor system is chinese administrative punishment that world human rights groups have criticized as typical chinese problem, which Chinese law science groups have opposed as violation of human rights system. Reeducation through labor system belongs to that kind of administrative punishment that Chinese Police made their own decision and severely restricted people's right without Court's process so that It is no wonder for it to take the blame. When Chinese Police find out some guilty person who can't be punished for his minor offense and feel that 15 days' custody is too week for him, They use reeducation through labor system to treat that kind of case. But the problem is that most of their subjects are the lower classes and the farmers. Even though The Police interpret the law arbitrarily as their wishes and enforce that system, People cannot obtain compensations properly. that is another problem for reeducation through labor system. Although reeducation through labor system begins at mid-1950s and have played a important role in peace keeping and preventing crime, But today many organizations and law science groups have blamed it for its uselessness to build legal ruling country. Do we still need to have that kind of system?chapter 1. I will find out the right meaning of reeducation through labor system, its applicable procedure and implementation period. chapter 2. I will figure out the historical things about reeducation through labor system. chapter 3. I will make a comparison reeducation through labor system with other systems that are similar to it. chapter 4. I will work on notions forand against reeducation through labor system.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2011.13.1.011
분류:
법학

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