Study On The Chinese Rehabilitation Through Labor

Chinese rehabilitation through labor is an important legal system which was designed to maintain social stability today. Since China has signed the related international pacts on human rights and some important legal ideas such as "rule by law" and "respect and protect human rights" has been written in the Constitution, most people in our country and especially the school of law have almost achieved the same opinions on its main defects, whereas they have different opinions on how to handle the system: some advocate abolishing it, others advocate reserving and optimizing it. So the author wants to discuss the old issue again and to put forwards some superficial ideas on how to deal with the system of rehabilitation through labor, and hopes the colleagues of the school of law can give me some suggestions.The thesis consists of four parts:The first part is the introduction of the conception and historical development of the rehabilitation through labor. This part is divided into three sections. The first section begins with chief introduction of the foundation and historical development of the system, and points out the different stages of its development. Then the author concludes the notable characteristics of it. The third section ends with the author's opinion on the nature of it.In the second part, the author sums up the main defects of the rehabilitation through labor and the reasons why the defects have formed. At first the author points out the main defects of Chinese rehabilitation through labor system today: violates human rights and the basic principles of administrative law in China: rule by law and impartial, then analyzes the reasons why they have formed, from the perspective of theoretical law. Then the author sums up the two main reasons: the conception of ignoring freedom and equality makes it can violate human rights very easily; the conception of ignoring just procedure results in the lack of legal supervision, violating the basic principles of Administrative Law Science results in the abasement of administrative power, and the punishment of this legal system is very severe.In the third part , the author makes relative study on the resemble systems of the West. This part consists of three parts, The first section begins with the brief introduction and evaluation of western trivial commit crime system , then compares it with Chinese rehabilitation through labor system; In the second section the author introduces the historical development of western schemed baseman system and the different legislation modes of it. Then sums up the common conditions of its administration of justice and compares it with Chinese rehabilitation through labor system, too.In the last part, at first the author challenges and criticizes the opinion which advocates maintaining rehabilitation through labor system deems the opinion is a complete wrong opinion, the system must be abolished. Then analyzes whether the three main methods of optimization of this system are practical or not, considers that the method of criminalization is impractical in China now. At last the author advocates abolishing the system and applying two different systems to displace of rehabilitation through labor system. And gives some detailed legal methods to deal with the objects of rehabilitation through labor system, according to their different characteristics.