Reeducation Through Labor System Of Abolishment I See

Although judging by a series of norm documents ,the problems of labor education and rehabilitation system show increasingly. On the basis of analyzing the present situation of the system, the writer designs some substitute.The writer thinks, there are three principal problems in the system. Firstly, the character of labor education and rehabilitation. Concerning this problem, there isn't an unified viewpoint in the law circle at present, thus the existence of the system is disputative and suspicious. Secondly, the legal status of labor and education and rehabilitation. What the system founds on is only the "quasi-law", it's legal status is not clear and definite. Thirdly, the legal basis of labor education and rehabilitation. The norm documents of labor education and rehabilitation are against 《Administration Punish law》, 《legislation Law》. And it is inconsistent with 《International Covenant on Civil Political Rights》 .The writer thinks, three principal disadvantage exist in labor education and rehabilitation system. First is the disadvantage of substance. Labor education and rehabilitation violates legal punishment principle seriously. Its object and condition lack determinability and predictability. In addition, its randomness doesn't accord with the jurisdiction justice principle. Second is the disadvantage of procedure. Labor education and rehabilitation lack evidence standard and evidence requirement. Meanwhile, labor education and rehabilitation managementcommittee exists in name only. The examine and approve procedure is also unfair. Third is the advantage of supervision and relief. The institution that is responsible for the appeal doesn't have the most basic neutrality. It's difficult to make a overall and reasonable examination. The administration litigation is also useless as the judicatory.Due to the analysis above, it's necessary to abolish labor education and rehabilitation. The reformation exit of labor education and rehabilitation is making it to be "criminal penalization"-that is change its character of administration punishment, add it to the criminal law system as the light punishment method. It can make up the constructive defection of our criminal law system and promote the legislation progress.The writer thinks, the criminal penalization is provided with the three reasons. Firstly, in theory, the diversification of the criminal penalty requests labor education and rehabilitation criminal penalization. The criminal penalty aims to punish the crime, while labor education and rehabilitation acts on prevent from recommitting. The criminal penalization theory will integrate the behavior penal code and personality penal code. Criminal responsibility diversification also requests criminal penalization to enrich the category of the criminal duty, enlarge the range of the non-freedom penalty and perfect the criminal responsibility system of our country. The next in order, in present, the personnel's composing characteristics and the right protecting situation of labor education and rehabilitation need criminal penalization. From the material basis, the exterior environment and subject quality, the condition and occasion of criminal penalization are also mature. Finally, from the viewpoint of the law basis, the world criminal law reformation has been carrying on. The non-freedom penalty is used as the complement of the criminal penalty system in some countries. Ourcountry should establish the special section defining the non-freedom penalty in the criminal law and bring labor education and rehabilitation into it.The writer thinks, during the process of labor education and rehabilitation criminal penalization, we should pay attention to four problems. First at all is the problem that traditional criminal law theory compares to labor education and rehabilitation criminal penalization. Traditional criminal law theory explains crime reason, crime constitution and relationship between offense and penalty. It discovers the source that crime creates and the principle to determine criminal r...