Legal analysis: The Law on Public Security Administration Punishment, which came into effect on March 1 2006, has no punishment means for detention education. Accommodation education is contrary to the protection of citizens' personal freedom in China's legislative law, administrative compulsory law and even the constitution, and there are various disputes in the implementation process, so it is widely questioned. The investigation, decision and implementation of the education system for asylum are all completed by the public security organs through administrative procedures. It is obviously against the spirit of the law and the relevant provisions of the constitution on citizens' personal freedom to deprive the parties of their personal freedom for a long time without judicial investigation procedures and legal trials by both the prosecution and the defense.
Legal basis: article 3 of the criminal law: if the law expressly stipulates that it is a crime, it shall be convicted and punished according to the law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.