The Legal Response To The Abolishment Of The Reeducation - Through - Labor System

The system of Reeducation Through Labor is a punishment system created by our country between administrative penalties and penal sanctions. Its setting complies with the times, and it has influenced to the criminal policies, illegal behavior corrections, the public security order maintenance and so many other aspects greatly in our country. However, with the development of society continuously, the defects of the system of Reeducation Through Labor has been revealed. Superficially, the emergence of a series of typical cases has caused a strongly critical, so we have to limit the application of the system of Reeducation Through Labor. Exploring the inner reasons, the original values of the system of Reeducation Through Labor missed has been the most important cause, and the latent defects have become more and more serious. Owing to the lack of legal basis, the excessive strict administrative penalties, the scope of application of chaos, the serious breach of procedural justice, the lack of the legitimacy of the extrajudicial privileges, and the difficulty to implement corrective action, it has generated the abolishment of the system of Reeducation Through Labor eventurally.The next question is that the repeal of the Reeducation-Through-Labor system will arouse a considerable vacant of regime. Therefore, how to deal with those crimes which might according to the original system of Reeducation Through Labor after it has been abolished? The problem need to be solved urgently. This article analyzed the advantages and disadvantages on the security system, the community correction system, and the misdemeanor system which are alternative systems theoretically. Finally think, we should build the system of community correction which connects with the present law situation and legal practice needs and regards the misdemeanor system as a core which is based on the misdemeanor system, and it is the most feasible for the relevant law questions after the abolishment of the Reeducation-Through-Labor system.Specifically, except for the introduction, this paper is divided into four chapters to prove the legal question on the abolishment of Reeducation-Through-Labor system.The first chapter introduces the background and significance of this research, the abolition of reeducation through labor has gained public assent, but after this long-term practice of the system abolishment, we should research how to deal with the blank, from the law perspective.The second chapter analyzes the history of the system of Reeducation Through Labor. This chapter mainly tells about the process of the Reeducation-Through-Labor system from establishment to abolishment, divided into the establishment stage, the development stage and the abolishment stage. And analyzes the development background of the Reeducation-Through-Labor system, especially elaborates the state before the abolishment of the Reeducation-Through-Labor system.The third chapter introduces the status of the alternative legal system for Reeducation-Through-Labor system, including community correction, security measures and misdemeanor system, of which the Community correction system have been established in China but also lacking of the support from law, and people can’t join in community correction effectively, there are some defects in execution and coordination in community correction too, while the misdemeanor system become a mere formality and the security measures system is a narrow system for only few illegal behaviors.The fourth chapter analyzes the necessity for establishing the alternative legal system for Reeducation-Through-Labor, which can supply adequate legal foundation for the fights against illegal, and it also can make the sanctions become more fair, regulate the abuse of power, fix the principle of procedural justice and remold the correct mechanism, which were damaged by reeducation-Through-LaborThe fifth chapter mainly tells about the legal response after the abolishment of the Reeducation-Through-Labor system which is based on the misdemeanor system of community correction system. This chapter firstly analyses the necessary of building the alternative legal system which centered on the light system and community correction. Rely on this basis, constructing the community correction system which is based on the misdemeanor system model, and it has carried on the system construction. In addition, analyzing the relevant supporting system, and to ensure the effective operation of the alternative legal system.