The Research Of Relevent Issues About The Work Of Reeducation-through-labor On Public Security Organs

Reeducation-through-labor system is one of the socialist legal system with Chinese characteristics,its emergence and development have a profound historical and social root, and it has played a unique role in the aspect of consolidation of political power, criminal sanctions, and maintenance of social orders. However, we must note itself's historical limitations because this system is produced on a extremely special background. Especially in today's market economy conditions, systems of politics, economy,legal and the people's thinking has changed fundamentally, with the reeducation-through-labor system which is mainly established in the condition of planned economy to adjust the reality of social relations has already outdated. Compared to the moderen law enforcement concepts of governing a country according to law and administration according to law, shortcomings and disadvantages of the existing legal system of reeducation-through-labor are becoming increasingly. And it has become an excuse of being attacked and belittled our protection of human rights and legal construction by Western countries. It is imperative to reform labor legislation."regulation of reeducation-through-labor case conducted by the public security organs " is an important document on regulating reeducation-through-labor case conducted by the public security organs. It has taken more specific rules to deal with some issues such as the scope of reeducation-through-labor,vetting procedures,implementation and so on, and it has also established the Master system creatively. It is under the existing legal framework for reeducation-through-labor, on the purpose of regulating conduction of reeducation-through labor cases,improving quality of reeducation through labor vetting,and the reduction of social controversy about reeducation through labor through standardized public security organs' internal enforcement of norms.This paper tries to give a brief enquiry about the work of reeducation-through-labor on public security organs on the point of "regulation of reeducation-through-labor case conducted by the public security organs".Overall,the nature of reeducation-through-labor is in development. There is an argument on current legal system of reeducation-through-labor. It has some nature of punishment,education and force, thus the real nature of education-through-labor is an administrative coercive measure,which is an combination of punishment and education, in the application of reeducation-through-labor, there are stringent requirements on the aspects of subjects,objective behaviors,regions,and so on. In vetting reeducation-through-labor, it should be based on the corresponding laws and regulations. It is inappropriate to break through legal regional conditions, but to regulate limitation of regional condition is inconsistent with the current law enforcement situation. The Masters is a new system. The case investigation staff and the reeducation-through-labor staff are organized by the examination and approval organs to cross-examination and debate,which is beneficial to improve the quality of reeducation-through-labor cases. This system still need further improvement in the process of specific implementation. There are drawbacks in present regulations of the deadline of reeducation-through-labor, and it is suffering from controversy, reeducation through labor deadline should be appropriately adjusted, and the law should determine the principle that fault adapts to the deadline of reeducation-through-labor.