The Abolition Of The Reeducation Through Labor System Research

Labor Education and Rehabilitation System (LERS ) in China is unique across the world. Comparing to the treatment to the target of reeducation in China, other countries employ different means according to the different situations, such as reeducation system, security punishment system etc. With respect to the LERS, the hot issue in the theoretical circle, many papers are studying on it and certain achievements have been made. LERS sees its research with different degrees of emphasis in accordance with differing perspectives and fields. There is neither a sound theoretical framework, from both physical body and procedure aspects, nor a consensus on its retaining-abolish struggle.LERS is a law of an original creation, which was created at the early days of the foundation of China, manifesting its reasonableness through more than forty-year-existence. LERS is transforming a juristical punishing means between criminal sanction and security administrative sanction with the huge changes emerging in politics and economy in China, and it is also being strengthened and stipulated, while as a juristical punishing means, the nature of restriction and deprivation of individual civil's personal freedom hasn't ever changed.The current LERS consists of two parts, examination and approval system and execution system. The power to examination and approval is performed in the name of Labor and Education Committee by public security authorities, while the judicial admistrative departments exercises the power to execution. During the examine and approval, execution course, there exist many problems, such as the optional examine and approval to house, severe illegal procedure, excessive power of public security to judge at will, and little distinction between the execution of labor education and indoctrination through labor to criminals. In result of the lack of the supervision system, there is no guarantee of the party's rights. The reasons for these problems lie in the innate limitation of the LERS itself. At the aspect of value, LERS focuses on the construction of a kind of order neglecting legally the guarantee of the human rights; at the physical stipulations aspect, LERS lacks rationality in content resulting in the abuse of power; from the legal basis perspective, LERS enjoys no legal validity.Non-justice, unreasonableness, illegitimacy collectively determine the vital flaws of LERS. Only with the abolish of LERS, the problems could be resolved. This paper makes a compare to other reform schemes and discusses the necessity and significance of the abolish of LERS by elaborating on the benefits upon doing away with LERS, i.e. the construction of government by law, unification of legal system, the co-operation and struggle of human rights in international community are all benefited from it. Meanwhile, we need to face the impact of the abolish of LERS.In order to perfect the system after the abolish of LERS, this paper proposes a substitute scheme, i.e. rectifying law on misfeasance, which is necessary and feasible in reality, and further programs the content.This paper is based on the facts to find the problems and deal with them in pragmatic way.From the problems found in LERS, then the search of the reasons and its defection, finally the rectifying law on misfeasance proposed with detailed and elaborate analysis, which is a tentative study on this field. The author holds that the set up of the rectifying law on misfeasance is necessary, pragmatic, feasible in accordance with the situation in China.