Restrictions on Restrictions on Personal Freedom: The Rule of Law Construction of China's Administrative Legal Measures for Restricting Personal Freedom

Author: Guo Jian'an
Publisher:
Publish Date: 2005-06-01
Features: This book studies the Chinese legal measures restricting personal freedom, including the current labor re-education, compulsory measures, drug rehabilitation, custody and education, government custody and education, and compulsory treatment systems. Theoretically and legislatively, the future qualitative and positioning of the mandatory education and correction system should discard the binary choice between administrative or criminal measures, nor necessarily be set between criminal punishment and administrative penalties. Instead, it should fully consider the possibility and rationality of establishing its independent legal status. Legal measures restricting personal freedom or mandatory education and correction systems should jointly constitute a complete system of legal measures restricting or depriving personal freedom in China, alongside the liberty penalty in criminal punishment and the personal penalty in administrative penalties.