Consideration And Solution Of Reeducation-Through-Labor System

As a legal system with Chinese characteristics, the reeducation -through-labor system contributes to safeguarding security of society, to prevention and reduction of offenses. However, with the enforcement of ruling the country by law and the quickening course of building socialist legal state, the shortcomings of the reeducation-through- labor system have been appeared increasingly, all these cause universal criticism and assault, therefore, it is necessary to talk over the history function, the present value and the future solution of the reeducation-through-labor system.This article looks back the development course of fifty years of the reeducation-through-labor system since its founding, it is divided into five periods: the establishment phase, the expanding phase, the basically paralytic phase, the rebuilding phase and the reforming and innovating phase, furthermore, the article summarizes the development course and characteristics of the reeducation-through- labor system simply. The article considers the reeducation-through- labor system seriously and hold that its present situation of legislation doesn't fit in with the Condition of legality building, moreover, Chinese reeducation-through-labor system conflicts with the corresponding issues of "Lawmaking Law", "Administrative Punishment Law" and" International Human Rights Conviction", and besides, the reeducation-through- labor system itself has many shortcomings as follows: the nature isn't definite, short of supervision to procedure for examination and approval, quite a lot of problems appear when the system is implemented, and so on. It's more and more queried and criticized on its legality.In this paper, the author analysis the reeducation-through- labor system of our country and compare it with "minor crime" system, security punishment system and juvenile justice system of foreign countries. The paper studies the present situation and finds the existence question of reeducation-through- labor system of our country, then the author obtain measures which our country should adopt in order to reform and innovate it.In this article, the author analysis several kinds of standpoints of the solution of the reeducation-through-labor system in present jurisprudence circle and present herself points. The author holds that the nature of the reeducation-through-labor is an independent reeducation system between criminal punishment and administrative punishment. In this basis, the article advances the procedure for examination and approval of the reeducation-through- labor through juridical procedures, legalizing the object of application, cutting the time limit down by one to six months, reforming mode of execution and management of the reeducation-through-labor and the author also puts forward the integration point of the reeducation-through-labor system concerned.