Thinking, Legislation On Illegal Activities Correction Law

The tenth sessions of National People's Congress has already brought the Rectification Law into the legislation plan of the year 2005 in order to substitute the current rehabilitation through labor system. Rehabilitation through labor is to completely wipe out hidden counterrevolutionaries and after the founding of New China founded. Rehabilitation through labor has become a supplementary measure of sentences and security punishment, and is a compulsory education measures with certain historical inevitability and the relative independence. Rehabilitation through labor have played an important and active role in a particular period of history, while the system itself is of great historical limitations. As the socialist legal system gradually improved, especially in the areas of legislative activities for human rights, justice and fair procedures such issues as the increasing importance and legitimacy, the defects and approval procedures and the unreasonable practice to implement rehabilitation through labor has been very prominent and become the obvious obstacles in the building of the legal system. The legislation of rehabilitation through labor is necessary to eliminate the negative impact of rehabilitation through labor. In 2003, some NPC deputies have already submitted a proposal to stop the rehabilitation through labor, and to set up the Rehabilitation Law to meet the convergence of systems and the need to maintain social order. The paper agrees with this idea. The Rehabilitation Law, legislation should uphold the constitutional, legislative coordinated development of the concept of the rule of law, protection of human rights and the general trend of practice, and enhance actionable and feasible to develop a structured, as a scientific and logical laws. On this basis, the paper come up with some thought and design in the Rehabilitation Law legislation as the following:First, the overall situation of the country as a whole legal system, a comprehensive analysis of existing problems and the rehabilitation through labor, the need for reform of the rehabilitation through labor demonstration to explain the causes of the Rehabilitation Law legislation. By comparing and exposition with the Rehabilitation Law, and this is a real and urgent need for a full feasibility.Secondly, the legislative structure of the Rehabilitation Law is to conduct feasibility...