Such administrative punishment or administrative restrictions on personal liberty as administrative detention

reeducation through labor

detention education

and etc. are all made by administrative organs. And they belong to the administrative action in nature. This kind of legislative policy and its practice in China has become a legal characteristic system component. It has made an enormous contribution to the maintenance of social order and social harmony. However

this kind of governmental policy of restricting personal liberty is in contradictory to safeguard personal liberty in a modern constitution

and affects a country construction process to the road of the rule of law. Recently

the eighteen session of the Central Committee of Communist Party of China at the Third Plenary Session issued "on comprehensively deepening reform of certain major issue decision"

which proposes abolishing the system of reeducation through labor. The decision is of great significance for the implementation of China’s constitutional principle

promotion the cause of human rights protection; correspondingly

the other legislations on the restriction of personal freedom by the administrative authority should also be timely adjusted and reformed.