Research On Education Through Labor System Of China

As a basic policy in China, the "Education through Labor" System is put into practice following the Maxism's basic principle of "proletariate rebuild the society and the human being", and is combined with the actual situation of China's revolution and construction. Its core content and fundamental task is to rebuild, save and educate people. As a judicatory and administrative system uniquely used in China, the System was put in use in 1950s. Over the past 50 years, its characteristics have changed with the change of the adoption objectives, but the mission of "rebuild, save and educate people" remains the same. As a pioneering work of Socialist Chinese law system, the "Education through Labor" System has played a positive role in keeping social order, prevent and reduce crimes. The System has made significant achievement and contributions in blowing, educating and correcting a large number of people who violate laws and commit crimes in a less severe way.But with China's social development, the "Education through Labor" System encounter some problems and questions, including the legitimacy of the System, the lack of supervision on the executors, the justification of the procedures, the wanton of the application area, the lack of the legality of the System's objects, the long time limit of the punishment, the lack of suitability of the intensity of punishment, etc. Although facing deficiency and limitations in today's "rule of law" society, the System still has its own value and significance. Currently the NPC Standing Committee is formulating "the Law for Slight Crime Adjustment", which will make better the System. The paper will illustrate the System's definition, law warranty, character, tenet, as well as its malpractice, and then offer suggestions on how to improve the System from the perspectives of law reason, practical experience and overseas vigilance institution. No matter how the System will finally evolve and consummate, it is hoped that this paper can be of positive influence for the System to better serve China's grand cause of reform, opening-up, modernization and social harmony.One feature of the paper is that the topic is of pioneering character. The paper makes a study and analysis on the "Education through Labor" System, which is a hotspot in China today. The topic is obviously innovative in that the research on this subject is quite weak in domestic academic field, and it is comparatively difficult no matter in theory or in practical solutions. The other feature of the paper is that it is of practical meaning since the research result boasts both the demonstration and the solution. The paper can thus be forwarded to government departments concerned for decision-making reference.The framework of the paper is as follows:Chapter one introduces the raising of the question, topic objective, research background, research status quo, research content and methodology, specialty and innovation of the paper, together with the definition of some relevant notions.Chapter two introduces the original formulation of the System and its development process, i.e., the initiation period from August 1955 to August 1957, the fundamental formulation and implementation period from August 1957 to May 1966, the demolishment period from May 1966 to October 1976, and the re-construction, reform and development period from October 1976 till present. This Chapter analyzes the characteristics of each period and their evolvement.Chapter three mainly describes the status quo of the System, explain the System's law foundation, adoption objects, range as well as its multiple effects. From the judicial and administrative point of view, this Chapter also analyzes the problems the System is facing and their reasons.Chapter four reviews the types, objects and characteristics of overseas vigilance institution, and offer references to China's System of "Labor through Education" after making a comparison study.Chapter five demonstrates the necessity of improving the System of "Education through Labor", propose ways to better the System in both theory and practice, and also bring forward concrete policy suggestions.