First, the specific overview of housing education
The reception education system is an administrative compulsory education measure to focus on legal education and moral education for prostitutes, organize to participate in productive labor and check and treat sexually transmitted diseases. According to the State Council's Measures for the Education of Prostitutes and Whores, public security organs can take a series of administrative compulsory measures to restrict personal freedom, such as compulsory education and labor, for a period of six months to two years.
20 19, 19, The 15th meeting of the 13th the National People's Congress Standing Committee (NPCSC) adopted the Decision of NPC Standing Committee on Abolishing the Legal Provisions and System of Accommodation Education, which came into effect on February 29th, 201019,65438. This decision abolishes the second and fourth paragraphs of Article 4 of the NPC Standing Committee's Decision on Prohibiting Prostitution and Whoring, and the shelter education system shall be implemented accordingly. After the abolition of the asylum education system, it will no longer be implemented, but prostitution is still an illegal act clearly stipulated in the Law on Public Security Administration Punishment.
Second, institutional.
1, the theory of administrative coercion. According to this theory, reception education is an administrative compulsory measure and educational measure with special contents and forms. In addition to receiving legal education, moral education and taking part in labor, asylum educators must also receive examination and treatment of sexually transmitted diseases.
As legal scholars have already publicly put forward, if asylum education is an administrative compulsory measure, according to the provisions of the Administrative Compulsory Law, this administrative compulsory measure against personal freedom should have a temporary color. However, the period of receiving education is six months to two years, which has exceeded the time of some punishments (among the punishments stipulated in the criminal law, criminal detention is "1 month to 6 months"). In addition, being moved to a relatively closed place, which is an educational shelter, is obviously beyond the understanding of "temporary measures" by ordinary people. Accommodation education is not an administrative compulsory measure in the usual sense.
2. Theory of administrative punishment. According to this theory, from the aspects of the content and duration of asylum education, the measures of asylum education have obvious disciplinary and administrative sanctions; Reeducation through labor is very similar to the reeducation through labor which is generally defined as administrative punishment, and it is obviously different from administrative compulsory measures such as compulsory detoxification. Therefore, administrative punishment can better reflect the legal attribute of asylum education.
3. The theory of public security punishment. According to this theory, measures such as detention education, reeducation through labor and detention education basically have the general characteristics of security measures in terms of implementation purpose, applicable objects, applicable conditions and punishment contents, which can be called "compulsory measures with security measures" and belong to the criminal legal system.
4. Theory of corrective measures for illegal and habitual behaviors. The theory holds that the basic function of reception education is to correct the behavior of criminals with habitual illegal behavior tendency, which is the starting point and destination of the whole system, so it should be characterized as the corrective measures for habitual illegal behavior.
legal ground
People's Republic of China (PRC) Public Security Administration Punishment Law (Amendment 20 12).
Article 66 Whoever engages in prostitution or whoring shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Whoever solicits prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan.