Conflict And Integration

The reeducation through labour first appeared at 18 century and it began in 1957 in China. In theory , it has aroused general concern right before our eyes :The severely punish is over the criminal law, conditions of taking in seems vague, the jurisdiction isn't resonable, the person subjected to reeducation whose right has not be protected practically . It is a subject with great interest in acdemic circles how to transform the system.This article thinks that it is divorced to try making this system rational only by legislation , and it has broken the limit of administration penalty , and the system of security measure may not be the permanent home of it,Right being the logically starting point of power ,the patterns of law that evolves from the interaction of right and power can be summed up to these : the model of poers -, the model of controled powers and the model of balance between right and power . taking the humanities background of China into account . The author considers that we ought to decompose the objectives of current reeducation through labour by establishing the institution of punishing the petty misdemeant ; also we ought to realife the procedural justice in proceeding . This thesis is composed of 5 parts with 40600 words approximately .Part 1 : putting forward the question and setting forth the vies . the legislation for reeducation through labour is a difficult task .We should emphasize the study of basical theories , ram 3 pillars down :legal principle ,constitutioalism and law both in substance and in procedure .Part 2 : The value that the system would pursue . In the angle of centainty , the law should have 3 patterns . The value objective that it ought to seek is to give priority to ensuring individual right at the same time to safeguard the social order . In the angle of the reality ,we should take the pattern of controlled power .Part 3:Beginning with the origin that cause the abuse ofreeducation through labour , the article proves the necessity of constitutional basis. Because constitutionality is manifest in ruling by constitutional government , it can eliminate the malpractice only if we establish the system of ruling by constitutional government.Part 4 : In this part , the article puts forward suggestion for legislation , deems that we can form a system of punishing delict in substantive law and realize procedure justice in proceeding .Part 5: In the ending , the author thinks we ought to strenthen theexploring route of reeducation through labour and the demonstration of feasibility of it.In the structure ,the author encircles the malpratice of the reeducation through labour , and spreads out along the thinking : "value establishing - constitutional basis - designing institution" . In the style of the researching the author breaks away from intrinsic and rigid patterns of predecessors works for the developing new thought and new domains such as the realism of value establishing, constitutional basis and designing of system , etc .