Research On The Defect Of The System Of Reeducation Through Labor And Its Reform

The reeducation through labor is the administrative measure to theperson who is undergone compulsory rehabilitation. It is a kind of method todeal with contradictions among the people .To the person who is undergonecompulsory rehabilitation implements the policy of education, saving,transforming. Educating and persuading is the first. Producing and laboring isthe second. Under the strict management I will try my best to transform theminto the person who observes disciplines and obeys laws, respects the socialmorality , has deep love for the motherland, has deep love for labor,constructs socialism with certain cultural knowledge and technical ability ofproduction through painstaking political and ideological work , culturaltechnology education, and manual labor,According to Marxism about proletariat, reeducation through labor is abasic principle that the party and country transforms the society and thehuman, a basic policy of combining the concrete reality of Chinese revolutionand subsequent construction. The key content and basic task of this system isto transform people, save people, educate person. In the new historical time,although some Marxist concrete statements have already lagged behind thedevelopment of the times, the theory of transforming society, transforminghuman history isn't out of date. It will continue becoming the basic ofphilosophy of the reform and development of philosophical foundation of thereeducation system. The theory of Mao Zedong is a theory with the vastprofound spirit. It also offers the theoretical foundation for the establishmentand development of the system of reeducation through labor. Comrade MaoZedong put forward the reeducation through labor theory, created the systemof reeducation through labor aimed at the old criminal law theory which isabout how to distinguish two kinds of nature contradictions and how to dealwith two contradiction, but mechanically he divided crime and guiltydemarcation line non-to people, not make some fundamental laws andprinciples. The small law is often made and refuses to mend one's waysdespite repeated admonition. It disturbs the social security, but the crime isslight and it is not necessary to investigate the person of criminalresponsibility, or punish or indulge in any conditions.The system of reeducation through labor of our country played apositive role in safeguarding the social security, preventing the crime,stabilizing the civil order, maintaining the stable and uniting politicalsituation. However, along with the progress of times and the development ofhistory, the deep change has taken place in our country's political economicsituation. It is not only merely democracy and ruling by law and becomingthe key content of national political civilizations, but also the right andfreedom of citizen consciousness unprecedented run high, questions anddrawbacks of reeducation are exposed more and more through labor system.The legislative defect exists in the current system of reeducation in ourcountry. The reeducation through labor is a kind of restriction as themandatory measure of administration of freedom of persons. Its main legalbasis is "decision about the question of reeducation through labor "and"additional regulation about the question of reeducation through labor " of theState Council, and "trial method of the reeducation through labor ". And laterit is the overall modification and supplementing of "decision about thequestion of reeducation through labor "and" additional regulation about thequestion of reeducation through labor ". These have "allow law"administrative statute of nature in fact so the law of the current system ofreeducation through labor services insufficiently. In addition, currentreeducation through labor laws and regulations that has announced "lawadministrative penalty of the People's Republic of China" and come intoforce already, "the People's Republic of China legislative law" have thecontradiction and conflict. Reeducation through labor is restricted by regiontoo narrow range and because of not standard so it is too thick. In additionreeducation through labor is lack of procedural stipulate, time passing long,legal supervision mechanism perfect. They seriously make the content of thereeducation through labor behind in the needs of the realistic society.There are a lot of questions that exist in the course of examining andapproving reconsidering the lawsuit and carrying out etc in the current systemof reeducation through labor of our country. In examining and approving therandom are very heavy. It replaces administration punishment to reeducationthrough labor and substitutes the reeducation through labor to penalty. Thesituation deals with existing within the specific limits to substituteadministrative penalty etc with reeducation through labor and promoting.Because of lacking the effective supervision to restrict, in addition "heavyentity " which the personnel in charge of the case formed for a long time, "the influence of the idea, the illegal phenomenon of the procedure is veryserious too in the light procedure. In reconsider and lawsuit course, becausereeducation through labor is lack of relieving settlement of waycomparatively so the result in dispute had to explain. Practice will depriverelief situation of right of person undergoing rehabilitation in a disguisedform to appear unavoidably. It is unfavorable to the realization of thelegislative aim of the reeducation through labor. In the course of carrying outin reeducation through labor, the mistaken idea exists in the guidelines ofmanagement. It carries out but it can not check on tightly. It is carried out andnegligent of managing outside. Teaching society of personnel becomes amere formality to help and educate solving, placing employment respect fullyup to expectations to wait for question that can't ignore, solve and teachingpersonnel is a delinquent important factor again.Though the system of reeducation through labor has the above statedquestions, It is necessity to exist. There are solid theoretical foundations inthe existence and development of the system of reeducation through labor,this theoretical foundation is Marxism, Mao Zedong Thought and DengXiaoping Theory. The reeducation through labor is an important line ofdefense that prevents the crime, and a kind of effective form of safeguardingthe social security. It is an important position to educate, save, transform thejuvenile delinquents. According to social efficiency, the reeducation throughlabor has distinct Chinese characteristics, no matter go over, now. Itmaintains social security all to come, educate and transform the illegalcriminal, important means of ensuring the reform and opening up to theoutside world and modernization construction to carry on smoothly.According to the value of legal system, preventing one kind of the legalsystem of the crime as our country, reeducation through labor to " criminallaw" and important supplement on "public security manage the regulationsof punishing". It has remedied first two kinds of legal deficiencies inpreventing and punishing breaking laws .It plays an irreplaceable role in thegreat practice of overall control of social public security of our country. Ifcancel reeducation through labor system, it is difficult to find suitable waythat is replace legally. Meanwhile, storing the drawback that can overcomeshort-term free punishment with development continuously of system ofreeducation through labor and remedy of our country structural and flawed ordamaged criminal law .So it promotes our country to transform system tomove to seal to educate and move towards sternly being light and slow. Italso make our country form the weight to link up to delinquent administration,tight and rational, the legal system with effective science. In a word,reeducation through labor have all sorts of drawbacks , all sorts of faults anddeviations, even painful lesson, but this reeducation through labor system cannot be overcome either. The reeducation through labor works the successfulpractice that is proved. This vitality with power of system and value ofexisting is sum up in reeducation through labor. The drawback of alienationto lag behind legislating denies the exactness of its theory foundation andmaintains that it is inadvisable to cancel the reeducation through labor.Running the country according to law, builds the socialist country governedby law. In front of structuring the historical opportunity of the harmonioussociety, the system of reeducation through labor can only insist and be unableto abolish .It can only strengthen but it can't be weaken .We should continueregarding Marxism, Mao Zedong Thought, Deng Xiaoping Theory asguidance, perfect reeducation through labor legislate, promoting reeducationthrough labor work omni-directional reform and development.The history and reality of the system of reeducation is the theory and itspractice fully proves that there are rationality and necessity of its existence.However, on the other hand, the question existing in the legislation andadministration of justice of the reeducation makes the legitimacy of thissystem face the crisis again. So we should reform and perfect the system ofreeducation. This involves legal system understanding, balance and choice ofdifferent great value. It is different from important issue of other a series of...