Reeducation-through-labor System Reform And Legislative Proposals

In its 50 years of history, the legal system of reeducation through labor has successfully educated and rectified more than 3.8 million of people, and has played an important role in the maintenance of social security, prevention and reduction of criminal offences. However, the legal thinking of reeducation through labor puts more emphasis on obligatory and selfish departmentalism, and has strong political color and weak legal foundation. It is in contrary to the regulations that "the punishment of restriction of personal freedom can only be set by law" stipulated in the Legislation Law and Law of Administrative Punishment; and is not in agreement with international conventions and the international obligations undertaken. The object of reeducation through labor lacks uniformity of qualitative and quantitative factors, and runs counter to the principle of punishment according to law, the degree of punishment and the practical harm of the offence of the behavior is not inconformity, and violates the principle of "balance between offence and punishment". Reeducation through labor lacks appropriate foundation in procedure, and punishment of restriction of personal freedom is made by administrative organs, which exceeds the jurisdiction of administrative power on the right of citizens. The process of reeducation through labor deprives the chance of participation of those being educated, and lacks complete relief mechanism and necessary supervision and restriction mechanism. Besides, the implementation of reeducation through labor has no substantial difference with that of criminal punishment, which is not in line with the objective requirement of ensuring the lawful right of those being educated and facilitating their return to society. The defect in the system of reeducation through labor renders the lawfulness and rationality of its existence questionable, and quite a number of specialists and scholars advocate the abolition of the system of reeducation through labor. It is the author's view that in China now we need a legal measure which is similar to the present system of reeducation through labor in the extent of depriving or restricting citizen's freedom, and independent of the security control punishment and criminal sanctions. However in its determination, implementation and management, the major foundations should be legislation and jurisdiction according to the Legislation Law, and change as early as possible the situation of long term restriction and (deprivation) of citizen's freedom of one's own accord by self-stipulated regulations of a administrative department without judicial procedure On the basis of China's reality, the author analyses the necessity of reeducation through labor in running the country by law, and adaptation to the development trend of international legal civilization, an discusses the urgency of reform the present system of reeducation through labor, and formulate a uniform, systematic and complete law code of reeducation through labor. The article also discuses the feasibility of the law of reeducation through labor from three aspects: theoretical, social and practical basisIt is the author's view that the legislation of system of reeducation through labor should step out of the thinking mode of one or the other between administrative and criminal law and to establish a totally new and independent system of sanction and punishment with Chinese characteristics. It is not administrative punishment and criminal punishment and is different from the security punishment in principle in western countries is a "quasi criminal punishment "with Chinese characteristics, and can be called "compulsory education rectification" system. in the legislation of reeducation through labor, we must start from the traditional culture of our country and the real conditions and the requirement of a socialist country ruled by law. Under the rule of Charter and law, the right of the citizen and personal freedom is of supreme importance, and power and order are subordinate to this value, is of second importance. The legislation mode of system of reeducation through labor should be independent and has legal characteristics and is a uniformity of substantive law and procedural law. The author also made innovations on the reform of system of reeducation through labor. The aim of the system of reeducation through labor is to prevent crime and reduce offences and maintain social stability, and not to punish offences but to prevent possible crimes. It is called "compulsory education rectifications", as it fully reflects the nature and characteristics s of system of reeducation through labor and the legal objective of reeducation through labor. The would -be object of reeducation through labor are Chinese citizens more than 14 years old who have intentionally and regularly violated social order, and have not constitute crimes. The distribution and process of power of reeducation through labor is: application by security organs, sanction by the people's court, supervision by People's Procuratorate and implementation by judicial organs, the four organs should cooperate with each other and constrain each other. To standardize protection of the right of educated and respect international conventions on human right of the UN and ensure the right of those being educated, making their right open, clear, extensive .just ,authentic and complete, to be human ,modern, diversified and personalized in its implementation mode. This article tries to make theoretical innovations and systematic innovations in system of reeducation through labor and make it in line with the practical requirement of economic, political and cultural development modern society, reflecting the balance of guarantee of citizen's right and social interests, to play a larger role in the prevention and control of crimes in the new historic period.