A Study Of Legality Of Reeducation-through-labor System In China

The reeducation-through-labor is a very important unique system in China. It plays important roles in enforcing the Socialism, maintaining the public security, preventing and reducing the crime. But with the development of democracy and law in China, the defects of reeducation-through-labor come out to be very obvious. This mechanism has become an obstacle to the improving of the country's principle of ruling by law, which is harm to the protection of citizen's right and human rights. In this paper, the author will analyze the history, the defects, the nature and ruling reeducation-through-labor by law. In the first part, the author introduced the concept, history, and function of the reeducation-through-labor system in China and made a full-scale comparison with that of foreign countries. In the second part, by analyzing the basis, substance, procedure and evidence of the current system of reeducation-through-labor, the author found that this system has become irrational and illegal. In the third part, the author tried to construct a constitutional reeducation-through-labor system that is different both in substance and procedure.