A Study On System Of Reeducation Through Labor

Reeducation through labor is a kind of enforceable reformatory education measure for the person who commits crimes, but his behavior can't be punished with criminal penalty and meets the condition of the rule of reeducation through labor, which is special and original institution of law. Taking the system as studying target, this thesis is divided into 5 parts:Part-1 is about the historical origin of the system of reeducation through labor. The system of reeducation through labor was established in preliminary stage of China. At the moment the new-born regime wasn't steady, and highly centralized planned economy system was implemented in China. To strengthen regime, suppression of counterrevolutionary with large scale was carried out. The counter-revolutionary power was basically wiped out, but epibiotic counterrevolutionary still existed, some hiding in the government and enterprise to watch for the chance to destroy. Chinese Party Central Committee decided the group of people to receive reeducation through labor by inner instruction by the main ways of remolding mind and arranging for employment. In 1957 reeducation through labor was proved to become a law by supreme organ of state power of China. And then reeducation through labor was spread in the whole China, and arrived at the first peak. After that the development of reeducation through labor suffered from frustration. During Cultural Revolution reeducation through labor nearly was stopped and after the Third Plenary Session of the Eleventh Central Committee was rebuilt, and welcomed another peak in development. A great deal of regulations ruled that plenty of places of reeducation through labor recovered; a great many people were reeducated. Reeducation through labor have been listed in the legislation programming for four times. Legislation workers and theory workers paid great effort, but reeducation through labor couldn't come because of some reasons. The development of reeducation through labor showed the following features: gradually being brought into legalization; target and scale's gradually expanding; aims and nature continually changing; from occasional development to regularly development. To reeducation through labor, we should evaluate it historically, objectively and fairly. It played an important role in strengthening the state power of people's democratic dictatorship, ensuring the steady process of socialist construction, maintaining public order, guarding against and punishing illegal criminal activity, and still has important meaning in the society now. Of course with the development of society, it shows its flaws, but we should give it a reasonable position instead of denying it completely.Part-2 is about the current situation of the system of reeducation through labor. The examination and approval authorities of reeducation through labor are the management committee of reeducation through labor, but the real administering organ is Public Security Organs. Public Security Organs are in charge of investigation, accreditation and the management of places for reeducation through labor and handed it over to administrative organization of justice after that. The applicable objects of reeducation through labor are people who live in the big or middle sized cities or the peasants who flee hither and thither to the city, railroad fire and large-sized factories and mines that implement six kinds of behavior. The target of reeducation through labor expands continually, and the behavior kinds of reeducation through labor are more than 20. The control station of reeducation through labor is the enforcing authority of reeducation through labor that is attached to administrative organization of justice. The people who received reeducation through labor enjoy certain rights, and some people who match certain conditions can have medical treatment outside the place of custody or execution outside the place of custody.Part-3 is about the dispute of the system of reeducation through labor. The dispute on the system of reeducation through labor is very intense. Although minority of learners insisted on abolishing the system, majority of learners insisted on reserving the system with complete reformation. The concrete disputes focused on the problems of nature, legal or illegal, reasonable or unreasonable, righteousness and ways of reformation. Some believed that the nature of reeducation through labor is a kind of administrative compulsory measure; some believed that the nature of reeducation through labor is a kind of special administration punishes regulation of our country; some believed that it was the most severe security administrative punishment of implementation of compulsory education reformation; some believed that it was a kind of preventive administrative sanction beyond penalty which is be parallel to the rehabilitative measure in western criminal law; some believed that it was an independent system of legal responsibility and son on. Some advocated that reeducation through labor was legal, reasonable and right; but for some people, the shoe is on the other foot. The way of reformation adopted administration mode, criminal mode and other modes. The people that advocated administration mode thought that reeducation through labor still belonged to administrative law system, so we need to perfect reeducation through labor by reformation; people that advocated criminal mode thought that reeducation through labor should belong to criminal law system, as part of it or a kind of criminal; other viewpoints are as following: developing reeducation through labor into an independent law system, turning reeducation through labor into a social modification measure, decomposing the targets of reeducation through labor into different compulsive systems.Part-4 is about difficulties that system of reeducation through labor is facing. With the revision of Criminal Laws and the issuing and implementation of the Law of Public Order Administration, the plight of reeducation through labor is becoming more and more embarrassing, so reeducation through labor hasn't been adopted by the two laws. Rulemaking Act rules that the punishment or enforcement measures that limit citizens'personal freedom must be set by law, which denies the foundation of reeducation through labor. The system of reeducation through labor has indications: non-uniform applicable standards; lacking procedure regulation; time limit is too long without certain standard; lacking effective control which leads to abuse, injustice, infringement and other problems. As far as the cases of reeducation through labor are concerned, administrative proceedings are afterwards and passive investigation that can't form a strong restriction and supervision. People's Court often can't help during the trial: can't help in the application of legal ground; can't help in subject investigation; can't help in evidence investigation; can't help in procedures investigation; can't help in applicable law investigation, and sometimes People's Court decides in favor of the defendant due to helplessness.In part-5, the write gives much advice on perfecting the system of reeducation through labor. The writer thinks that to perfect the system of reeducation through labor, we should make sure its nature first, give it a rational positioning, give it another space between criminal and Public Order Management Punishment Law to fill in a gap or omission between the two and make up the structural defect on prevention of crime; reeducation through labor should enact according to the requirement of Rulemaking Act to carry out strict legal restraint; judicializing is the most ideal plan for reeducation through labor, but now it can't be carried out. It's practicable that in legislation when persons involved or implicated state and averment excuse, the judge should give the decision of reeducation through labor according to the procedures of hearing of witnesses (interrogation), and at the same time People's Court should be given the right of stopping carrying out reeducation through labor the moment reeducation through labor is found out to be illegal.