The Study Of Legal Question Of Education Through Labor

Education through labor is not only a mandatory re-education measure against people who have taken illegal and minor crimes, but also one of the most important legal means to sanction illegal and criminal activities in China. It is a legal system with clear Chinese characteristics formed in the building of the socialist legal system. There is no doubt that in the beginning of the creation of education through labor system it has made an important contribution to China's security environment and social stability. And after 50 years'continuous development, it has become an important and integral part of China's socialist legal system. However, this system has gradually demonstrated its incompatibility with today'legal system in its operation and all its defects and shortcomings have been exposed, which has seriously affected the process of China's rule of law. If the current education through labor system is left unchecked, it will certainly affect the implementation of China's "rule of law" strategy.This paper is divided into four parts, having a total of more than thirty thousand words.The first part is about the history and present situation of education through labor system. This section focuses on two questions: First, it relates the history of education through labor system, focusing primarily on the birth of education through labor system, historical background and the process of its development, thus revealing the special social and political environment and the clear sense of the times at the beginning of the creation of this system. Followed by is the present situation of education through labor system, which provides an overview of the current system of education through labor system based on the current situation of legislation, application conditions, application procedures and deadlines for the implementation of this system so that readers in China have a clear understanding of this system and it also lays the groundwork for the second part --- the comparison between education through labor system and the relevant systems and the third part --- the analysis of the defects of education through labor system.In the second part, the author compares education through labor system with the relevant systems. This section first discusses the similarities and differences between education through labor and reform through labor, which emphases on the differences between the two from seven aspects including the nature, purpose, application objects, and application procedures etc. and briefly introduces the similarities between the two. Then the author compares China's education through labor system with foreign security system, and on this basis, discusses whether the security punishment system is applicable to China. The author believes that China is not yet available for the conditions of the security system and presents the causes why the security punishment system can not be transplanted to China from theoretical foundation, ideological roots and judicial environment.The third part analyses the shortcomings and defects of reeducation through labor system. The author focuses on the shortcomings of education through labor system in China today based on the substantive law and procedural law, and points out that it is imperative for the system to be reformed, which also foreshadowed the fourth part.The fourth part discusses the reform and improvement of education through labor system, in which the author talks about whether the system should be retained or abolished and the specific reform proposals of this system. First of all, the author points out that it is necessary for education through labor system to exist in China today, thus it should not be abolished immediately. Subsequently, the author makes a profound analysis of several contemporary representative labor education reform programs, and presents his own point of view, combining it with the reasonable part of these programs. Finally, the author describes the specific reform measures in details involving the legal nature, the application objects, the implementation period, the applicable procedures, and the implementation model of reeducation through labor system, which is also the core and focus of this article.