On The Study Of The Chinese Labor Education And Rehabilitation System

For more than fifty years, Labor education and rehabilitation system (LERS), as a China legal system and a means of punishing and preventing crimes, has taken great effect on maintaining social security and saving delinquents. With development of socialist market economy and progressing of legal system, the deficiencies of LERS have increasingly exposed, the rationality, validity and justness of the system are oppugned by people, and the system is not able to meet the expectations of social security now. In this paper, the history, deficiencies and reform of LERS are studied.Firstly, the characteristics of LERS evolution are summarized, and the legal nature, legal foundation, objects, limitations and the main function of LERS are expressed, and the deficiencies of LERS from multiple viewpoints of law are presented. After the viewpoints of retaining or dismissing LERS and the character of LERS are analyzed, the result is concluded that LERS should be abolished.LERS is related to many problems, including legislation, justice and other law problem. If we want to abolish LERS, we should find another better method instead of LERS. In this paper, a project, including two parts, is proposed. One part of the project is that completing current criminal law system of our country by adjusting the definition of crime and infrastructure of punishment system, the another part of the project is that removing the limitations of law system by dealing with different category objects of LERS in different methods, individually.