The System Of Reeducation Through Labour Study

The system of reeducation through labour drew up under the particular and political history period ?in the 1950s in China. It has a 50- year course of trials and hardships. At the beginning its nature was one of political measures to find suitable jobs for criminals. With changes of social situations in China, its political nature was vanishing and its political function was gradually weakened. At the same time, its security function to control crime and keep order was gradually strengthening. So far, the system of reeducation through labour has been the third sanction system in China which isn't included in penalty punishment and public security punishment. It has played an important positive role to crackdown on political dissidents and consolidate the new political power. At that time, its reasonableness and appropriateness was beyond doubt. With the practice of reforming and opening policy, the ideas of democracy, freedom, rule of law and human rights are striking root in the hearts of the people in China. They started to realize the system of reeducation through labour from the point of rule of law. They found out that its political Tightness had disappeared and its shortcomings were quite clear. It has been criticized and accused widely by the west world. It is a very important question for the law people to find its way out in the science of law. The paper analyses not only its history and present condition but also its fact and value in order to better the system and find its way out from different angles. To better the system will meet the demand of rule of law and the social need. Then it will be a legal, reasonable and appropriate system.This paper includes about 55,000 words and the following four chapters.The first chapter is about the beginning and present condition of the system. It introduces its origin, the process of development and its present condition in order to analyse its shortcomings in the next chapter.The second chapter is about its shortcomings. First, it analyses legal shortcomings according to the international human rights convention and criminal justicial standards of the United Nations. Second, the paper also analyses its reasonable shortcomings according to the following three aspects: 1. ambiguous and sweeping definition to the criminals; 2. the improper strength of punishment; 3. running counter to the rule of law. Third, it analyses its improper legitimate shortcomings according to the following principles: sanction according to the law, proper sanction and procedures, justicial investigation, participation with pleading, accusation separated from investigation.The third chapter is about the value goals: To legalize the system of reeducation through labour must reach the goals. That is why the old system of reeducation has so many shortcomings. To correct its value target is a question of the first importance to legalize the system. This chapter sets forth its position to guarantee human rights according to the standards of the United Nations for criminal and justice as well as the state power conflict with personal rights.The fourth chapter is about the tentative plan to legislate the system of reeducation through labour: to abolish its failors of criminal concept and draw up public security punishment system, to divide the target into penalty and security punishment, to emphasize the proper procedure, to regard the justicial investigation as an impassable base of security punishment system, to solve its fundamental shortcomings from procedures and substance.