| 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, legal nature, legal foundation, legal estimation and reform of LERS are studied.Firstly, LERS evolutions are summarized, and the legal nature, legal foundation, objects, and the current situation of LERS are expressed. Secondly, legal estimation of LERS is studied based on Constitution,Administrative law and Criminal law. As a result, LETS feature of anti-lawfulness and anti-rightfulness has increasingly exposed. But we must rightly evaluate the LERS. We must pay attention to both its rational side and its irrational side, and absorb its rational side and abandon its irrational side. Based on the different opinions about the lawfulness and rightfulness, the argument a bout the abandonment and existence of LERS, is one of the focuses in the law. Three Opinions are evaluated in this paper, in all of the theories, the opinion of penalization and administrative punishment of LERS, in theory, is based on objective reality, and in judicial practice, the opinion of penalization and administrative punishment of L ERS is practical. At last, the paper analyzes historical and present situations and Problems of Chinese LERS, and with this base it raises the point to optimize the system. Legal nature of LERS is allocated once more, base Principle, name of LERS, character of LERS, suitable objects and conditions and Procedure of LERS are designed. Especially, the concrete execution method of LERS reform is expressed based on Author's practice experience.
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