Optimization Analysis Of Rehabilitation-through-labor

Systems are historical outcomes. Chineserehabilititation-through—abor emerges, exists and develops in Chinese specific historical social conditions. After long term of practice, rehabilititation-through-Labor with Chinese characteristics proves its existence value. However, because of its inborn weakness, carelessness in legislation and especially defects in legal procedure standards, quite a lot of problems appear when the system is implemented. It' s more and more queried and criticized on its legality. At present, there is a heated contention in theory field on whether to preserve or discard rehabilititation-through-labor.Through looking back on historical evolution and practical development of rehabilititation-through-labor, my thesis analyzes the system' s situation and problems in different aspects of the law character, law basis, objects, scope, time limits and procedures. In regard to its anti-law-ruling and unjust, I think rehabilititation-through-labor must be rightly appraised as everything has its good and bad sides. We should see both its justice and rationality and its non-justice and nonrationality, so that we can have an all-sided and just understanding about rehabilit — itation-through-labor.Scholars make a lot of good suggestions on how to reform and improve rehabilititation-through-labor so it can meet the needs of China' s ratifying Two Conventions on International Human Rights and the needs of buildingChina' s socialist law-rulingcountry. There are three main view points in academic circle. The first is to preserve rehabilititation-through-labor. These condis to discard rehabilititation-through-labor. The third is to transform rehabilititation-through-labor into systems like securitypunishment. Since I took up administrative work in rehabilititation-through-labor. I have been collecting and reading relevant books and essays, and have got a more profound understanding on rehbilititation -through-labor. I hold that the basic reason to decide whether a legal system should be preserved or discarded is whether the problems the system solves are necessary.Rehabilititation-through-labor solves problems to reform and redeem a special group. This system is still needed according to objective reality.As a measure against slight criminals by means of compulsory rehabilitation, since established in 1957, rehabilititation-through-labor has taken in and reformed above three million people and redeemed those slight criminals who are not suitable for penalty or security punishment. It' s fully affirmed by China Communist Party and the government for its positive contributions on preventing and decreasing crimes and maintain —ing social stability. Practice proves rehabiliti-tation-through-labor has become an important additional means of Chinese penal laws and public security management punishment regulations. And it' s an indispensable law system in keeping with Chinese national conditions, an important component part of Chinese rectifying systems, an effective way to re—educate and reform those slight criminals by rehabilititation-through-labor, and it' s an important link to prevent and decrease illegal disciplinary measures.The thesis analyzes historical and present situations and problems of Chinese rehabilititation-through-labor, and with this base it raises the point to optimize the system. I think rehabilititation-through-labor should be optimized and improved by legislation, so that it can be legal and rational to meet the needs of law ruling and reality.The thesis studies problems on optimization rehabilititation-through-labor. It attempts to envisage optimization rehabilititation-through-labor from both substance and program, in the hope of seeking right ways and effective measures to optimize and improve rehabilititation-through-labor: 1, Optimize rehabilititation-through-labor in legal aspects , mainly including name of rehabilititation-through-labor, character of rehabilititation-through-labor, sanction modes of rehabilititation-through-labor, suitable objects and conditions of rehabilititation-through-labor, punishment content of rehabilititation-through-labor, staff members' powers and duties, legal status of people subjected to rehabilititation, and so on. 2, Optimize rehabilititation-through-labor in procedure aspects. The first is to build up judicial system on labor rehabilititation, the second is to build up execution and administration system on labor rehabilititation, the third is to build up and improve supervision and relief system on habilititation-through-labor.