The Reform And Perfection Of Legal System Of Reeducation Through Labor

Reeducation through labor, a special legal system of China, has played important role in influencing and educating persons. Reeducation through labor is such a legal system as restrict the freedom of persons. Our legislative organs have enacted some relating regulation about reeducation through labor. But there is no code of reeducation through labor. As a result, the status of reeducation is not clear.The regulations of reeducation through labor conflict with those laws such as Legislative Law and Administrative Penalty Law and Convention of Citizen Political and Social Right.Besides, the legal system of reeducation through labor has embodied many unreasonable aspects. So, we must reform and perfect our legal system of reeducation through labor so that the aims including strategy of rule of law and protection of human rights can be realized.The history of Chinese reeducation through labor can be traced to Xi-Zhou Dynasty. But it was established after the New China to accommodate beggars and so on. The Decision on reeducation through labor problem enacted by State Council is the first one of regulations about reeducation through labor. In this regulation, the applicable scope and object and procedure were clear. The Trial Implementation of Reeducation Through Labor has detailed regulations. According to these regulations, reeducation through labor has influential, educational and administrative penalty functions. Those two functions make its status unclear.Our legal system of reeducation through labor has very clear defects. The first defect can be described as its legal basis is not good. The second defect is its status is unclear which is mentioned above. The third defect is that the supervision mechanisms are not perfect. In a word, it is very necessary to reform and perfect our legal system of reeducation through labor.The predication of reform and perfect the legal system of reeducation through labor is to retain it. The reasons to retain the system of reeducation through labor include the influential and educational of it, the constructive defects of the Criminal Law and so on.When we come to reform and perfect the legal system of reeducation through labor, we should absorb the indivisible principle and personal danger of Sichemde Massnahman and we should do our work by the ideal of rule of law. After reform and perfection , the system of reeducation through labor has common application in different district, has different period according to the degree of personal danger and has clearly regulated the prosecution time. The ideal frame of system of reeducation through labor requires to establish special public security court. In this frame, the People's Procuratorates have supervision right to cases about reeducation through labor. In addition, the frame should regulate the procedures to protect the human rights.