Considerations On The Reform On Labor Transformation System In Our Country

The system of reeducation through labor is one special kind ofjudicial system in our country . Since set up in August 1955 formallying,through revising and supplement for many times, it has already becomethe often applicable legal regulations in management of public securityof our country now. As the result of history, it plays the positive role insafeguarding the social security, stabilizing the civil order, preventingand reducing the crime and educating and saving slight crime personnel .But we must see that with the deep change taken place in the respect ofour country's political and economic culture in recent years, the socialrelationships system adjusted by the reeducation through labor haschanged substantively , the idea of " People First "has a implementationthoroughly in our country's political life of idea and the " running thecountry according to law " has been proposed and established, especiallythe signature of " citizen's right and international convention of thepolitical right " of our government. Law scholars in domestic andinternational put forward doubtfully to rationality and legitimacy ofcurrent reeducation through labor constantly.From forty years'conclusion of judicial practice, reeducationthrough labor system has a lot of drawbacks, some proceduralregulations are incompatible with the " constitution " , " new criminallaw " and " legislative law " and unable to integrate with theinternational and current judicial process convention .We analyze it fromlegal principle. First, the legal basis of the reeducation through labour isobviously insufficient and its legal effect makes people doubt. Second,the punishment dynamics of the reeducation through labour are notsuitable with its legal status . Analyzed from procedure , the examinationand approval authority of the reeducation through labour is scarcelyeffectively exercised and supervised and the practice exists greaterrandommer and confusedder . Analyzed from result , the social effect ofthe reeducation through labour is difficult to be fully up to expectationsand the help and education work after finishing has a great deal ofloophole. The appearance of the above-mentioned problems is notaccidental. Fundamentally,the system is the inevitable outcomes of thepresent society need contradiction.So where is the outlet of the system ofreeducation through labour? The domestic scholar roughly has threekinds of opinions at present: First, keep and strengthen. Considering thissystem with Chinese characteristics once played enormous socialfunction , it can only continue strengthening and be unable to weaken .Second, totally abolish . It thinks that the nature of reeducation throughlabour is ambiguous and accommodates the condition generally, whichis apt to make mistakes, infringe the citizen's freedom right and is theera result of the imperfect law, and it should be abolished .Third ,reform .It is impractical to cancel totally the reeducation throughlabour system quickly implement which has been reeducated for fortyyears. But all sorts of current drawbacks can't be ignored. Therefore itneeds to carry on the reform urgently.How to reform then, I think itshould do from several following respects : First, the remixing of natureof reeducation through labour. I think , the system of reeducationthrough labour after the reform should be the public security punishmentwith security measures nature . Second, the revitalizing of the target andrange of the reeducation through labour . Reeducation through labourbehind the reform is suitable for four kinds people. Third, the remixing...