The Theoretical Study Of The Education And Rehabilitation Through Labor System

The case of Sun Zhigang which happened last year sounded the death knell of the detention and repatriation System. While causing people to pay more attention to the question which ensure the freedom of person, it also brought the opportunity of innovation to the education and rehabilitation through labor system in difficult situation. As the result of system innovation in the specifically historical environment of China, the education and rehabilitation through labor system has kept away from its original intention along with the deep change of the space-time in which it exists, the target and procedure to which it applies over nearly half a century of development and evolvement. Under the background of entering the era of running the country according to law and the constitution of human rights ,the future destiny of the education and rehabilitation through labor system is testing the intelligence of people in the academia and practical circle .this thesis briefly reviews the history of the education and rehabilitation through labor system, attempting to hold its essence from looking for its nature and the target in the penitentiary, trying to explore its inherent defect. As we can see, the history of the education and rehabilitation through labor system is a process that it has its justifiability to exist under certain political circumstance at that time, and this kind of justifiability loses gradually with the development of society. The legitimacy of present education and rehabilitation through labor system is a technical matter, only the rationality and utility of its existence is the focus for theoretical discussion. This has established the foundation for us to clear off the thoughts of the education and rehabilitation through labor system reform.By appreciating and analysing the representative view of the reform schemes of the scholars ,it concludes that the administrative penalty of the education and rehabilitation through labor do not fit for the basic demands of the modern rule of law and human rights, and the misdemeanor is unable to realize because of modern criminal law functiondefect. Therefore, the author draws the conclusion that the outlet of the reform of the education and rehabilitation through labor system is to include it in the category of security guard of the criminal law. namely, transforming the present education and rehabilitation through labor system to a non-criminal law one of realizing criminal responsibility and embody into the ways of criminal punishment. The key of this transformation is to introduce it into the proper judicial process. However security guards is the best choice of reforming the present education and rehabilitation through labor system among all the non-criminal law methods. This is only for the perfection of the criminal law, and also for the urgent request of ensuring human rights.