Constitutional Question Of Reeducation Through Labor In China

The System of Labor Education and Rehabilitation is a legal system created with special historic conditions and with Chinese distinguishing in china. We don't deny the active function it had made to our society, however, the shortcomings of it has come out with the development of legalization and enforcement of the policy of ruling-country-by-law. The system of labor Education and Rehabilitation has existed for nearly 50 years, now it is facing doubt,criticism reform,and even rejection The first, as a field of vision with the constitutional of this article ,and on the basic of studding several point of view about the System Labor Education and Rehabilitation's existence or abolition, elaborate on the shortcoming of violating the rule of constitutional of the system of labor Education and Rehabilitation, and elaborates the outlets of the system of Labor Education and Rehabilitation.In the all, there are three parts in this article: at first, In this article, It's analyzed the two essential existence or abolition of the system of Reeducation through Labor. That is, of it's intention and it's nature at fist. There are some theory about it's nature at present, for example: "The theory of obligatory administration", "The theory of administration punishment", "The theory of public order administration punishment", "The theory of public security sanction" and "The theory of education treatment" and so on. And then, It's point out the essential pint about the system of Reeducation through Labor--the theory of perfect and the theory of abolishment. Secondly, in this article, the system of Reeducation through Labor, pointing out it's conflict with constitutionalism system and it's expression; Analyzed it's violated four important principle of constitutionalism and it's defects in law. That is , it's violated the principle of law retain, the principle of proper order, the principle of proportion and the principle of judication. At last, pointing out the scientific solving ways of the system of reeducation solving ways of the system Reeducation through Labor. There are two reutilize about it's, the Legislation reutilize about Leading into crime and judicial of the administrative subject. And may choice the best reutilize is the last one, and it's form complete system must be reform, that is, the system's establishment and reform it's criminal lawsuit, the system of it's law supervisor, and the system of it's succoring of judicature and so on.