Abolishing And Replacing To Reeducation Through Labor

The Labour reeducation system is a legal system with Chinese characteristics. For over 50 years, the Labour reeducation system made outstanding contributions in maintaing social stability, people's well-being, blowing illegal activity and minor crime and ensuring socialist modernization smoothly, especially on blowing the black evil cults, drug crimes, and HuangDuDu illegal crime, safeguard social security, preventing and reducing crime.Theory community and the justice departments of education through labor have substantive understanding of the nature of persistent differences, coupled with the system, especially there are many shortcomings of its considerable controversy, and different view. Since 1987, the reeducation through labor system is a deposit are of the controversy reached its peak, with the reeducation through labor legislation included one State Department's legislative agenda. It should be noted that the existing system of reeducation through labor law has lost its upper specification support, but it is still work and play a role in this phenomenon and the pace of construction of the rule of law in China is not in tune, the key is that we must construct a system, both to retain and to play an active role in re-education system, and in accordance with the requirements of the rule of law in order to truly ensure that this is not a normal phenomenon in fundamental change.The paper has five chapters in the research of the Labour reeducation system, it summarize the research in the current characteristics of the Labour reeducation system, and analyze the nature,history and current predicament of the Labour reeducation system evolution, summarize the point in the analysis of the two opposite viewpoint which is proposed of reeducation through labor dispute of different reasons or abolish, and than raised the conception of the Labour reeducation system based on the substitution -- security control system.The first chapter: the education-through-labor system. Labour reeducation refers to the administrative organ of serious violation of the regulations on public security administration and the street, or a slight crimes but are not serious enough for criminal punishment, and labor conditions in society and will cause harm to the people, to the restriction of personal freedom, implement compulsory education for the content, in order to maintain social security, preventing and reducing crime punishment. With China's political and economic development and the social security conditions change, the nature of the Labour reeducation through a long time development and evolution process. Based on the reality of the Angle from the actual effect, examines the Labour reeducation system, we can see that our country criminal law the Labour reeducation than the control, detention and regulation of short-term freedom penalty will severely. From the legal perspective, China's current Labour reeducation is a violation of the rule of law "punishment", it is a kind of "law of punishment".Chapter 2: the historical evolution of the Labour reeducation system. Our reeducation-through-labor system based on the original is produced after the founding of the political struggle, from "eliminating counter-revolutionary work as the central committee of the communist party, to the movement by the cities shall be immediately organise Labour reeducation institutions, to the instructions as promulgated by the state council on the decision of reeducation through labor issues concerning the labor discipline and the supplementary provisions of reeducation through labor, the trial measures, a series of laws and regulations and in practice continuously continuously explore and gradually formed a system, thus achieved the education-through-labor system from the transformation of political to legal. The historical evolution process can be divided into political operation period, the transition from politics to legal construction and legalization of three stages.Chapter 3: the plight of the Labour reeducation system. With China's political, economic, culture and other aspects of the development and changes in the law, especially the "constitution" strategy of the establishment and the increasing emphasis on human rights protection and people-oriented scientific development outlook of reeducation through labor in several aspects, are obviously lag behind the requirements of The Times, there exist many problems, mainly reflects in: standard level in China, and the difficulties in international conventions on human rights conflict, applicable objects of conflict, restricting the personal freedom of strength, lack of effective supervision and relief from five aspects.Chapter 4: the education-through-labor system should be abolished or. The rationality of reeducation through labor in addition, existing problems in different views, academic sum up, "reserve" and "abolish theory" two views. Certainly thinks the Labour reeducation system, from the past and present is a kind of system with Chinese characteristics, and has been playing in maintaining social order and safeguard the socialist modernization construction smoothly positive role in the new period, is irreplaceable, Opponents think, after 50 years of development and evolution, the Labour reeducation system, the nature and function of the original design and has a very different, criticized the education-through-labor system is a violation of human rights, the system of the rule of lost. Retain theorists affirmed the positive role of reeducation through labor, but ignore the minority rights, its justice will be questioned. Abolish theorists saw of reeducation through labor law and the justice against, but wasn't able to find a good alternative to fill the abolition of reeducation through labor system of system, thus its views and vacancies without approval of the lawmakers.Chapter 5: by public security control system instead of reeducation through labor system. The present the education-through-labor system based on the lack of standardized operation, still is not emotional treachery, rather than the common recognition for its utility. The key is that we should construct a system that can retain and play the positive role of detention system, and reasonable solution safeguard human rights to safeguard the social order, with the balance of the rule can truly make this request, not a normal phenomenon, fundamental changes have. Since the reform and opening-up, China's rapid economic development in the premise, maintain the basic stability of social order, this shows that our current system, from the overall requirements of social development, with no obvious, and the institutional deficit. The Labour reeducation system, the problem is mainly related with coordination system, the issue that needs to be adjusted and integration is. This thinking along, the author probes into and through the integration of reeducation through labor and control the punishment one alternative existing administrative penalty of the Labour reeducation system, public security control system.