On The Reform Of The Reeducation Through Labor System

The Reeducation through Labor System was established after the birth of the People's Republic of China. It is a specific criminal policy and was established based on the special historical conditions of new China. The system has been playing a vital role in striking and preventing crimes, stabilizing social orders, and has been contributing a lot for the healthy development of Chinese economy. But under the new circumstances, the defects of the system has become the obstacles which hold back its functions, the rationality of its existence is questioned by the public. The debate about whether this system should be deserted is very violent nowadays. Under this situation, it is necessary to study the system by combing out its historical development, analyzing its abuse. This study is theoretically and practically vital for its revolution.Besides the introduction and conclusion, this thesis contains four chapters.Chapter One:The historical development of the Reeducation through Labor System. This chapter introduces to us the evolution of the system in the past fifty years. After several decades'practice and application, the Reeducation through Labor System has made great contribution to the maintenance of social order and development of Chinese economy.Chapter Two:Debates about the system. First, this chapter introduces to us the reason why the big debate is born. The historical conditions which give birth to the system have gone. Many regulations in the system contradict with the logos of the law. Second, this chapter elaborates to us the major subjects of the debate, including the nature of the system and whether the system should be deserted. And the official standpoint is given and introduced at last.Chapter Three:The advantages and disadvantages of the System of Reeducation through Labor. First:the rationality of the system. Although the system is questioned by the public, but it is rational for making up the defects of Chinese penalty system. After fifty years'successful practice, it's achievement in our country can never be blot out. Second, analyzes the defects of the system:the examiner office and examine procedure are against the principles of law; defects on the sphere of applications; the prison term is too long; lack of supervision measures, etc. Therefore, a revolution is necessary if we want to use the system under the socialism conditions.Chapter Four:how to innovate the System of Reeducation through Labor. According to the spirit of the thesis, the defects of the system can be overcome if combine its regulations with judicial justice. Therefore, the investigation power of the public security office, the judicial power of the courthouse, the supervision power of the procurator's office and the administration power of the administer office should be established in the system of Reeducation through Labor. At the same time, the term of penalty in the system should be cut short, so a new penalty system, which combines the administrational punishment, reeducation through labor and criminal penalty, can be formed. At last, the sphere of the application of the system should be innovated, too. So the System of Reeducation through Labor can coincide with the principles of legal system.