A Study On The Reform Of The System Of Reeducation-through-labor

The reeducation-through-labor system is an important legal system of China. But in the advancement of ruling a nation legally, its flaw comes out day by day. Specially new after our country's Criminal Law, Law of Criminal Procedure and Administrative Punishment Law, Legislation Law comes into force one after another, the rationality and the validity of the reeducation-through-labor system have been oppugned. The problem of its existence or abolishing causes intense argument. This paper attempts to carry on the review and the research to the reeducation-through-labor system historical evolution and the development condition, correctly analyze the question in the system of reeducation-through-labor and put forward the corresponding reform proposal. There are about 50,000 words in this paper which is composed of three parts except introduction and conclusion as follows:Partâ… : The outline of Reeducation-through-labor system. In this part, the author introduces the historical evolution and the content of our country's reeducation-through-labor system, evaluates objectively the historical achievement which has been obtained by the reeducation-through-labor system for 50 years.Partâ…¡: The concrete question of the reeducation-through-labor system and its value orientation. In this part, the author objectively analyzes the question of the present reeducation-through-labor system's nature, suitable object, examination and approval procedure, deadline as well as legislation and carries on ponder to it. On the foundation, the author evaluates the struggle between its existence and abolishing, analyzes its existence rationality as well as the reform necessity and draws conclusion that the system must be reformed.Partâ…¢: The constructing thought of the reeducation-through-labor system reform. In this part, firstly, the author elaborates the legislation, judicature, sequenced principle that the reeducation-through-labor system reform should follow; secondly, the author evaluates the patterns of reform which are proposed to the present theorists; finally, through the comparison of the reeducation-through-labor system and the overseas punitive measures to maintain peace system, definitude the direction of the reform of reeducation-through-labor, on the foundation, the author carries on the choice to the reeducation-through-labor system reform legislation pattern and the legislation name, and proposes the concrete plan of reform.