From The Legal Perspective To Study The Reeducation Reform Of Labor System

Existed in our country as a system of 50 years, reeducation through labor system can be said to have clear-cut a system with Chinese characteristics. However, this system development today, the rule of law in order to be judged under the premise is consistent with the requirements of rule of law has increasingly become a high-profile issue. In particular, with the deepening of China's reform and opening up, in the increasing international human rights dialogues and exchanges in reeducation through labor for the rule of law has become a hot issue even more pressing. With regard to re-education system, the"abolition of theory"and"perfect theory"in the fiercely with big impact, but the emergence of a system has its specific historical basis,therefore rational examination of its existence must be based on specific background of time as the main basis for judging. We can not simply erase re-education system, they can not go on without change term disadvantages. Instead, it should carefully examine, analyze the main problems of this system with the disadvantages of seeking to reform the right way and effective measures.Reeducation through labor system, there are significant institutional shortcomings, first, re-education system, lack of legal basis. The second is the nature of re-education is not its actual severity of the match. Restrictions on the liberty of inmates, the period was as long as 1-3 years, up to 4 years; although the intensity of deprivation of liberty and prison labor camps differ, but essentially the same as the situation, its nature and criminal penalties for the same as. Dovetail with the penalty, the inmates more severe penalties. Is not enough for some short-term imprisonment or criminal detention, control of the object, it can be decided to implement as long as 1-3 years, or even 4 years of reeducation through labor.Third, the approval and management of re-education lacks the necessary judicial proceedings and judicial oversight.The reform of education through labor system of thought is:First, we must apply to statutory conditions, the second is to re-education playful disposition of the three is to diversify the means of implementation, four of the judiciary to re-education program. Uphold the following principles:First, we must always uphold the rule of law principles. Adhere to protection of human rights and maintaining social order and unity, phase equilibrium principle. Third, insist on a unified, complete, comprehensive, standardized principle of the legislation. Fourth, insist on the principle of active and steady reforms.In the reform and improvement of re-education system to enable the judiciary of reeducation through labor system, the concrete practice, there are four elements must be the focus of reform:first, to reform the detention system in nature. The second is to reform the asylum system, the object re-education. The third is to reform the detention system approval process. The fourth is to reform the system of reeducation through labor management. All of this premise is the need to pass the "Rehabilitation Act" so that the system is a legal basis to accelerate the legislative process can start with a small attempt, and then place first, and finally across the country.